2013 commercial production agreement and northeast corridor appendix iatse

#372905v2

2013 COMMERCIAL PRODUCTION AGREEMENT

AND

NORTHEAST CORRIDOR APPENDIX

I.A.T.S.E. – A.I.C.P.

#372905v2


TABLE OF CONTENTS

ARTICLE I - RECOGNITION AND GEOGRAPHIC APPLICATION OF AGREEMENT ....... 1

ARTICLE II - UNION SECURITY AND CHECKOFF ................................................................ 3

ARTICLE III - ADMINISTRATION ............................................................................................. 4

ARTICLE IV - ACCESS ................................................................................................................ 4

ARTICLE V - JOB STEWARD ..................................................................................................... 5

ARTICLE VI - NO DISCRIMINATION ....................................................................................... 5

ARTICLE VII - GRIEVANCE PROCEDURE AND JURISDICTIONAL DISPUTES ............... 5

ARTICLE VIII - NO STRIKE - NO LOCKOUT .......................................................................... 6

ARTICLE IX - MULTI-EMPLOYER UNIT ................................................................................. 6

ARTICLE X - FIRST CONSIDERATION FOR EMPLOYMENT............................................... 6

ARTICLE XI - MINIMUM TERMS AND CONDITIONS........................................................... 7

ARTICLE XII - SCOPE OF AGREEMENT.................................................................................. 7

ARTICLE XIII - OPERATIONS.................................................................................................... 8

ARTICLE XIV - WORK DAY, WEEK AND MINIMUM CALLS ............................................. 8

ARTICLE XV - OVERTIME ......................................................................................................... 8

ARTICLE XVI - REST PERIODS ................................................................................................. 9

ARTICLE XVII - HIGHER CLASSIFICATION .......................................................................... 9

ARTICLE XVIII - MEALS ............................................................................................................ 9

ARTICLE XIX - LOCATIONS/TRAVEL ................................................................................... 10

ARTICLE XX - CANCELLATION OF CALLS ......................................................................... 13

ARTICLE XXI - HOLIDAYS ...................................................................................................... 13

ARTICLE XXII - BENEFITS ...................................................................................................... 13

ARTICLE XXIII - IATSE PAC ................................................................................................... 18

ARTICLE XXIV - EMPLOYER IDENTIFICATION ................................................................. 19

ARTICLE XXV - WAGE RATES ............................................................................................... 19

ARTICLE XXVI - TERM, EFFECTIVE DATE AND OPEN PERIOD ..................................... 19

ARTICLE XXVII - MISCELLANEOUS ..................................................................................... 19

ARTICLE XXVIII - IATSE EEITF ............................................................................................. 20

ARTICLE XXIX - CONFIDENTIALITY ................................................................................... 20

ARTICLE XXX - DAILY ON CALL WORK ............................................................................. 21

APPENDIX “A” ......................................................................................................................... A-1

APPENDIX “B”...........................................................................................................................B-1

APPENDIX “C”...........................................................................................................................C-1

APPENDIX “D”SIDE LETTER................................................................................................. D-1

APPENDIX “E” SIDE LETTER ................................................................................................. E-1

APPENDIX “F” SIDE LETTER ................................................................................................. F-1

APPENDIX “G” SIDE LETTER ............................................................................................... G-1

APPENDIX “H” SIDE LETTER................................................................................................ H-1

APPENDIX “I” SIDE LETTER .................................................................................................. I-1

APPENDIX “J” SIDE LETTER .................................................................................................. J-1

APPENDIX “K” EMPLOYEE CONFIDENTIALITY UNDERTAKING ............................... K-1

#372905v2

NORTHEAST CORRIDOR APPENDIX CONTAINING

LOCALS 600, 161, AND 798 TERMS AND CONDITIONS .............................................. NEC-1

LOCAL 600 ..... ..................................................................................................................... NEC-3

LOCAL 161 ..... ................................................................................................................... NEC-22

LOCAL 798…… ................................................................................................................. NEC-33

#372905v2 CPA-1


THIS 2013 COMMERCIAL PRODUCTION AGREEMENT (“CPA” or “Agreement”)

has been negotiated between the INTERNATIONAL ALLIANCE OF THEATRICAL STAGE

EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS and ALLIED CRAFTS OF

THE UNITED STATES, ITS TERRITORIES AND CANADA, AFL-CIO, CLC (“IATSE”) and

the ASSOCIATION OF INDEPENDENT COMMERCIAL PRODUCERS, INC., (“AICP”) and

is binding on those commercial production companies that have consented (and those who

hereafter consent) in writing to be bound hereby (“Employer” or “Employers”).

Employers are engaged in the physical production of commercials pursuant to contracts

with advertising agencies and/or advertisers. The IATSE represents technicians and artisans who

work in the production of commercials.

Commercial production services the advertising industry by providing commercials

which advertise products to consumers. While the traditional production processes of

commercials parallels that of live action motion picture production, the process is creatively

controlled by advertisers and their agencies whose requirements effect personnel selection,

production schedules, work practices and budgets.

This Agreement is intended to recognize and address the special needs of the commercial

production process. It is the intent of the parties hereto that this Agreement, establish the wages

and working conditions applicable to technicians and artisans employed in the production of

commercials.

ARTICLE I - RECOGNITION AND GEOGRAPHIC APPLICATION OF AGREEMENT

Section 1. Recognition. The Employer recognizes the IATSE as the exclusive

collective bargaining representative of all production technicians and artisans employed in

classifications traditionally represented by the IATSE in the television commercial industry who

are employed by the Employer in the County of Los Angeles to perform services either within or

without of said county within the geographic application set forth in Section 2 in the production

of filmed television commercials.1 This Agreement is not applicable to office clerical

employees, production assistants or guards as defined by the National Labor Relations Act.

1 Public service announcements, spec commercials and low budget commercials. Low budget commercials are

defined as those which have a single day production cost that does not exceed $75,000 nor an aggregate cost of more

than $300,000. With respect to low budget commercials and PSA’s, wage rates shall be subject to individual

negotiations but the benefit provisions of Article XXII shall be applicable. Where the Employer maintains that a

production is a low budget commercial as herein defined, it shall give the International Union notification prior to

booking of a crew for a low budget commercial and shall upon request of the International Union provide

verification of the budget for such production. Public service announcements are commercials produced for non-

profit or governmental agencies to disseminate information or promote services which serve the public interest. No

commercial products, services or corporate names may be referenced or shown in PSAs. With respect to Spec

Spots(i.e. demonstration commercials made for the purpose of showcasing the talent of Employers and Directors to

prospective clients), wages are a matter of individual negotiation between the employees and the Producer. If,

subsequent to its making, a spec spot is sold to an agency or client or distributed for a public audience either

domestically or internationally, the employees who performed covered work on the production shall be fully

compensated for their work according to the terms of this Agreement.

#372905v2 CPA-2

The Employer recognizes IATSE as the bargaining agent for persons employed as Marine

Coordinators, boat handlers and on-set picture boat operators except to the extent that these

categories, prior to the date of this agreement, are covered by a separate collective bargaining

agreement with another labor organization. Wages for these categories shall be “as negotiated.”

The parties confirm that (i) the installation, connection and striking of temporary electric

power sources emanating from a location base camp and (ii) aerial balloon lighting are work

within the jurisdiction of the IATSE. This is not a staffing requirement.

Section 2. Geographic Application of Agreement. This Agreement shall be

applicable throughout the United States, Puerto Rico and the U.S. Virgin Islands and binding on

those commercial production companies who have consented to be bound hereby except as

follows:

(1) Productions within the chartered geographic jurisdiction of the

New York City based production and post production IATSE affiliated local unions, unless such

local union has consented in writing to be bound by this Agreement for all or a portion of its

jurisdiction;2

(2) Commercial production companies based and performing

commercial production work in Chicago, Illinois (i.e. the geographic jurisdiction of IATSE

Studio Mechanics Local 476) under the terms of the Collective Bargaining Agreement negotiated

by Local 476 and The Midwest Chapter of the AICP.

(3) Productions in the California counties contiguous to San Francisco

Bay unless IATSE Local 16 elects to be covered by this Agreement;

(4) Commercial production companies based and performing work in

Detroit, Michigan;

(5) Commercial production companies who are signatory to an

existing commercial agreement with affiliated Local Unions except:

2 Provided, however, that employees hired outside the 50-mile radius of Columbus Circle who (i) are represented by a New York

based IATSE Local whose contractual jurisdiction with the AICP then currently extends beyond said radius and (ii) who are

employed by an AICP Producer signatory hereto and to a then current agreement with said Local, shall continue to be covered by

said agreement unless the Local agrees in writing that employees performing services within its aforementioned contractual

jurisdiction may be treated as Local Hires hereunder. If such Local has agreed as aforesaid, then at the direction of such New

York based IATSE local, the employer shall pay pension and welfare fund contributions on behalf of such employees to the New

York based IATSE Local's established benefit plans in lieu of the plans to which the Employer would otherwise contribute on

behalf of a Local Hire as set forth in Article XXII ("Benefits") of this Agreement. Nothing contained in the preceding sentence

nor in the AICP, Inc./IATSE negotiations resulting in this Agreement shall be deemed to prejudice the position of either the

AICP or any New York based IATSE Local referred to in this footnote concerning the scope of the New York based IATSE

Local's contractual jurisdiction with the AICP and nothing contained in this footnote nor in the negotiations resulting this

Agreement shall be deemed an admission against the AICP, Inc. nor such New York IATSE Local with respect to the scope of

such contractual jurisdiction.

#372905v2 CPA-3

(i) Commercial agreements which permit the signatory

producer to elect coverage under this Agreement in lieu thereof and such election is exercised,

and

(ii) Commercial agreements between a producer and an IATSE

affiliated Local Union, which has authorized the IATSE to bind them to this Agreement.

(iii) If the conditions of either (i) or (ii) above are met, this

Agreement shall as to such producer replace and supersede any pre-existing Commercial

Agreement which shall be of no further force or effect.

Section 3. Commercial productions covered by this Agreement shall include

commercials made on film, tape or otherwise whether by means of motion picture cameras,

electronic cameras, or new devices without regard to their manner of distribution or viewing.

Section 4. In the event the Employer engages in the production of commercials for

the internet utilizing methods of production which are substantially different from the traditional

methods of commercial production, the wage rate and working condition provisions of this

Agreement shall not be applicable to such non-traditional production. The Employer shall give

advance notice to the IATSE of such intended non-traditional production who in turn will give

notice to the AICP and will give the AICP an opportunity to participate as mediator in

negotiations between the IATSE and the Employer. The representatives of the Employer, the

IATSE and the AICP will meet, or if mutually agreed confer via telephone conference, to

negotiate wage rates and working conditions applicable to such non-traditional production. If the

parties fail to reach an agreement with respect to different wages and working conditions, then

the full terms and conditions, including the wages and working conditions, of this Agreement

shall be applicable to the employees performing the work in question. 3

ARTICLE II - UNION SECURITY AND CHECKOFF

Section 1. Employees covered by this Agreement, as a condition of employment,

shall become and thereafter remain members in good standing of the IATSE4 on and after the

thirtieth day of their employment or thirty days following the execution of this Agreement,

whichever is the later date. The foregoing shall be subject to and limited by applicable State law

and to the extent that any applicable State law does not permit the form of union security herein

provided, then and in that event, this Agreement shall be deemed to provide for the maximum

form of union security permitted by said State law. “Members in good standing” shall be

defined, interpreted and implemented by the parties as an employee who meets the financial

obligations only in accordance with the provisions of the National Labor Relations Act.

Section 2. Checkoff. The Employer or its designated payroll agency shall withhold

as “work dues,” specified amounts or percentage, from the gross wages of all classifications of

employees represented by I.A.T.S.E. affiliated Local Unions (“Locals”) who have executed a

3 For low budget non-traditional commercials, defined as those utilizing methods of production that are substantially different

from the traditional television commercial production and where neither the daily cost exceeds $50,000 nor the aggregate cost

exceeds $750,000, wage rates shall be individually negotiated with the employee and benefits payments shall be made as

provided in this Agreement. 4 Including the appropriate chartered Studio Local of the IATSE (“Local Union”).

#372905v2 CPA-4

written dues deduction authorization which complies with Section 29 U.S.C. 186(c) and

provided such authorization has been filed and reported as hereafter provided.

Each Local shall provide the AICP and the payroll agencies which service the television

commercial production industry with an alphabetical listing of the employees who have executed

and filed with such Local the dues deduction authorization form above referenced. The listing

shall also contain individual social security numbers. Each Local shall periodically update the

listing by adding the names and social security numbers of any new authorizations and by

deleting those which have been lawfully revoked. The AICP, Employers, and their payroll

agencies may rely on the listing provided by each Local and the I.A.T.S.E. and each Local

hereby agrees to indemnify and hold harmless the AICP, Employers and their payroll agencies

from any claims, legal actions or any other form of liability arising out of the withholding of

“work dues” of employees whose names appear on the then current listing provided by the Local.

The AICP, Employer or designated payroll agencies shall immediately notify the Local and

I.A.T.S.E. of any claims or actions and shall tender the defense of any such claims or actions to

the Local which shall be responsible for the defense of same or the AICP may undertake defense

and designate its own counsel at the Local’s sole cost and expense. The AICP, Employer and

designated payroll agencies shall cooperate with the I.A.T.S.E. Local in the defense and

resolution of any claim or action.

Within ten (10) working days following the close of each payroll period, the Employer or

its designated payroll agency shall remit to the appropriate Local the total amount of work dues

deducted together with a report reflecting the name, social security number, gross wages and

individual work dues remitted on behalf of such employees.

ARTICLE III - ADMINISTRATION

Section 1. In order to achieve consistency and continuity in the administration of this

Agreement, the IATSE shall designate a special representative responsible for the administration

of the Agreement. This Agreement has been negotiated on behalf of signatory Employers by the

AICP which shall similarly designate a representative responsible for the administration of this

Agreement.

Section 2. With respect to productions outside of Los Angeles County and outside

the New York Zone (defined as the area within a radius of 75 miles from Columbus Circle and

LI) and the Philadelphia Zone (a radius of 30 miles from the center of Philadelphia), Employer

will notify the Regional designee of the I.A.T.S.E. of the Employer’s intent to shoot in the

respective location, and provide the name of the Employer’s contact person for the production

and the location where covered employees will be working. Such notice may be given by phone,

fax or email. The IATSE shall provide the AICP with the current contact information for the

designated individual in each region.

ARTICLE IV - ACCESS

Section 1. (a) The designated representatives of the IATSE and its Local Unions

shall be permitted reasonable access to all production sites where persons covered by the

#372905v2 CPA-5

Agreement are performing services subject to reasonable limitations relating to the protection of

design, patent or trade secrets and other confidential matters.

(b) During the course of production, the Employer shall make available to

the Union for inspection payroll records pertaining to the bargaining unit. The Employer’s

representatives may be present during such examination.

ARTICLE V - JOB STEWARD

Section 1. The IATSE or crew may appoint one steward for each production. The

identity of the designated steward shall be made known to the Producer of the television

commercial not later than the first day of production. It is understood that the steward shall in no

way be discriminated against for any cause whatsoever in the performance of their duties as

steward.

ARTICLE VI - NO DISCRIMINATION

Section 1. The Employer and the IATSE agree that there shall be no discrimination

against any employee or prospective employee due to race, color, creed, sex, age, physical

handicap, union membership or national origin, or as otherwise provided in applicable State or

Federal legislation.

ARTICLE VII - GRIEVANCE PROCEDURE AND JURISDICTIONAL DISPUTES

Section 1. Any dispute between the IATSE on behalf of itself or a Local Union and

the Employer concerning the interpretation and/or application of this Agreement which cannot be

initially resolved between the parties shall be referred to the designated representatives of the

IATSE and AICP for resolution. If they are unable to resolve the matter, it may be submitted to

arbitration by either the IATSE or the Employer. If an arbitrator cannot be mutually selected,

then either party shall have the right to refer the matter to final and binding arbitration in

accordance with the voluntary labor arbitration rules of the American Arbitration Association.

Any claim not reduced to writing and submitted to the other party within forty-five (45) calendar

days following the incident giving rise to the claim or within forty-five (45) calendar days after

the employee or the IATSE or Local Union had a reasonable opportunity to become aware of the

incident, whichever is the later, but in no event more than one year after the incident, shall be

deemed to be waived.

Section 2. (a) Disputes involving claims by one IATSE Local that are of a

jurisdictional nature and that impact the jurisdiction of another IATSE Local shall not be subject

to the Grievance and Procedure in Section 1. Instead, such disputes shall be submitted to the

International President of the IATSE for final determination as between such Locals. The

decision of the International President will be rendered promptly and shall not adversely impact

the Employer and its legal rights. A dispute covered by this Article includes but is not limited to

any grievance by any IATSE Local against an employer claiming that the employer assigned

work to another IATSE Local in violation of the terms of this Agreement, or other agreement

#372905v2 CPA-6

with either IATSE Local, shall be deemed a jurisdictional dispute subject to the terms of this

provision.

(b) The IATSE shall, on notice from the AICP or an Employer,

immediately intervene to prevent any interference with production over a jurisdictional dispute.

It is expressly agreed that any such interference is a violation by such Locals of the “No Strike-

No Lockout” provision of Article VIII of this Agreement.

ARTICLE VIII - NO STRIKE - NO LOCKOUT

Section 1. During the term of this Agreement, there shall be no strikes, picketing, or

work stoppages by the IATSE or by an employee, or lockout by the Employer.

ARTICLE IX - MULTI-EMPLOYER UNIT

Section 1. Employees hired by the Employer to perform services in the County of

Los Angeles, or hired by the Employer in the County of Los Angeles to perform services outside

the County of Los Angeles shall be deemed to be within the multi-employer bargaining unit

established by the Producer - I.A.T.S.E. 2012 Basic Agreement and its successor agreement

(“BA”) and subject to the BA’s provisions covering the Industry Experience Roster, Health and

Pension Plans and the Contract Services Administration Trust Fund; provided, however, the

wages, working conditions and other terms and conditions of this Agreement shall be fully

applicable to employees covered by this Agreement.

ARTICLE X - FIRST CONSIDERATION FOR EMPLOYMENT

Section 1: Hiring Employees Within Los Angeles County:

(a) (i) Preference of employment shall be based on the Industry Experience Roster

and the Television Commercial Roster. In recognition of the special conditions in production

of television commercials, the Employer may employ persons specifically designated by the

advertiser or its agency who are not otherwise entitled to preference. Further, the Employer

may employ persons not entitled to preference where such persons have unique training, skill

or knowledge of evolving technologies.

(ii) With respect to the Art Department only, the first six (6) persons hired in Art

Department categories shall be from the Industry Experience Roster or the Television

Commercial Roster. In no event shall more than two (2) employees, i.e. the 7th

and 8th

, hired

for the day be non-roster employees.

(b) Persons hired pursuant to (a) above who are not on the Industry Experience

Roster of a Local Union shall be eligible to have their name added to a Television

Commercial Roster (“TCR”) to be maintained and administered by the Contract Services

Administration Trust Fund (“CSATF”).5 Initial placement on such TCR shall be based on

thirty (30) workdays in the production of television commercials within the 365-day period

5 As of October 1, 2010 for its services under Article X(1)(b) and (c) the hourly contribution to the CSATF is $.26.

#372905v2 CPA-7

preceding the date of application for placement. Employees shall have the burden of

establishing their eligibility for such initial placement on the TCR.

(c) Persons listed on the TCR shall be entitled to equal preference of employment

with persons listed on the Industry Experience Roster of any Local Union. Once such person

has accrued a total of 90 workdays under this Agreement, they may, upon application to

CSATF, have their name added to the Industry Experience Roster of the appropriate Local

Union. The employee shall have the burden of establishing their eligibility for such Industry,

Experience Roster placement subject to the then current rules and procedures applicable to

such placement.

Section 2: Hiring Employees Outside Los Angeles County:

When hiring employees outside of Los Angeles County but within the scope of Article I

Section 2 above, the Employer will give first consideration to qualified persons referred by Local

Union affiliates of the IATSE located in the geographic area of a covered production. In

recognition of the special conditions in production of television commercials, the Employer may

employ persons specifically designated by the advertiser or its agency who are not otherwise

entitled to first consideration. Further, the Employer may employ persons not entitled to first

consideration where such persons have documented records of prior experience in the production

of television commercials, interactive programming, music videos and documentary,

educational, and industrial films.

ARTICLE XI - MINIMUM TERMS AND CONDITIONS

Section 1. The wage scales and working condition provisions of this Agreement shall

be minimums and employees shall not be precluded from obtaining “better conditions” as that

term is understood in the motion picture and television industry. Any employee enjoying such

better conditions shall not have their wages or working conditions reduced as a consequence of

this Agreement.

ARTICLE XII - SCOPE OF AGREEMENT

Section 1. The parties recognize that there are factors and requirements unique to the

making of television commercials for the advertising industry which may result in the Employer

having no effective control over portions of pre-production or post-production work covered by

this Agreement. Under Such circumstances, where the Employer does not control the

assignment of work, the Employer shall not be responsible or liable under this Agreement for the

performance of such work.

Section 2. The Employer shall not be prevented from subcontracting when the

Employer does not have the facilities or equipment required for the work required or its

employees do not have the necessary skills and qualifications to perform the work required. The

use of third party vendors for services consistent with commercial industry practice shall not be

deemed within this provision.

#372905v2 CPA-8

Section 3. The foregoing provisions are intended to conform to existing business

practices in the commercial industry and not to diminish employment opportunities for

employees covered by this Agreement.

ARTICLE XIII - OPERATIONS

Section 1. (a) There shall be no minimum staffing requirements provided,

however, staffing practices shall be consistent with the general past practice of the television

commercial production industry. Consistent with past practice, there shall be practical

interchangeability within the production crafts.6

(b) It shall be the responsibility of the Employer to ensure that safety

standards consistent with OSHA and prevailing television commercial safety standards are

maintained during the production and that no unsafe equipment, procedures or practices are

allowed on the set or work site. Employees shall cooperate with the Employer to maintain such

safety standards at all times. No employee shall be discharged or otherwise disciplined for

refusing to work on a job that exposes the individual to a clear and present danger to life and

limb.

ARTICLE XIV - WORK DAY, WEEK AND MINIMUM CALLS

Section 1. The work week shall be any five or six consecutive work days within

seven consecutive days. The minimum daily-work call during pre-production and production

shall be eight (8) work hours. Work time begins at the time of the set call and ends at the time of

set dismissal. The minimum call on a travel only day shall be four (4) hours and the maximum

shall be eight (8) hours paid as a straight time allowance. Eight (8) hours of benefit contributions

for travel days and idle days on overnight locations shall be made.

ARTICLE XV - OVERTIME

Section 1. The first eight (8) work hours during the first five days of a work week

shall be at straight time. Work hours in excess of eight (8) on the first five days of the work week

and for the first twelve (12) work hours on a sixth work day shall be paid at time and one-half.

Double time shall be paid after twelve (12) hours worked on the first five days of the work week

and for the first twelve (12) hours worked on a seventh day in a work week or on a designated

holiday. Work hours beyond twelve (12) on a sixth or seventh day in a work week or on a

designated holiday shall be paid at double the applicable rate for the day; e.g., 6th day – 1½ X,

7th day and holidays - 2X. All work required to be performed over eighteen (18) consecutive

hours (i.e. elapsed from call time) shall be paid at three (3) times the employee’s regular straight

time hourly rate.

Section 2. All time is to be computed in one-quarter (1/4) hourly units.

6 The foregoing shall not be deemed to preclude the services of “stylists” as that term is understood in the

commercial industry who are not covered by this Agreement.

#372905v2 CPA-9

ARTICLE XVI - REST PERIODS

Section 1. There shall be a ten (10) hour rest period following all studio zone, studio

and local location work assignments. There shall be a nine (9) hour rest period following all

overnight location assignments.7 If the full rest period is not provided, then the employee shall

be paid on return to work at the applicable base or overtime rate plus an additional hour of

straight time, for all invaded hours if at least six (6) hours of rest have been provided, or for all

hours worked if less than six (6) hours of rest were provided until a ten (10) hour rest period is

provided.

ARTICLE XVII - HIGHER CLASSIFICATION

Section 1. An employee assigned by the Employer to work in a classification with a

higher wage rate for two (2) or more hours on a single day shall get the higher rate for the entire

day. No employee shall be deemed to be working in such higher classification absent specific

advance authorization.

ARTICLE XVIII - MEALS

Section 1. Meal periods shall not be less than one-half (1/2) hour nor more than one

(1) hour in length. Not more than one meal period shall be deducted from work time for an

employee during the minimum call. (A second meal period may be deducted from work time for

those employees who work in excess of the minimum call.)

Section 2. The employee’s first meal period shall commence within six (6) hours

following the time of first call for the day; succeeding meal periods shall commence within six

(6) hours after the end of the preceding meal period. An employee’s first meal period shall

commence no earlier than three (3) hours after such employee reports for work except for

persons called in earlier than the regular crew call who are provided with a non-deductible

breakfast in which case their first deductible meal period will be due at the same time as the meal

is due for the regular crew.

Section 3. The first deductible meal period may be extended by fifteen (15) minutes to

complete a set up and a second deductible meal period may be extended by thirty (30) minutes to

complete a set up and/or wrap. Extensions of the meal periods are not to be scheduled and if

exceeded, meal penalties shall relate back to the time the meal was otherwise due. Any second

meal, excluding a non-deductible breakfast, may be a non-deductible walking meal, provided the

crew is dismissed within one hour from the time the meal was otherwise due. A meal penalty

allowance for delayed meals shall be computed as follows:

(1) First ½ hour meal delay or fraction thereof......................................$7.50

(2) Second ½ hour meal delay or fraction thereof……………………. $10.00

(3) Third ½ hour meal delay or fraction thereof.........................…...$15.00

7 The Director of Photography and camera operator shall be given an additional one hour of rest on overnight

locations.

#372905v2 CPA-10

(4) Fourth and each succeeding ½ hour meal delay or

fraction thereof .................................................................................$20.00

Such allowance shall be in addition to the compensation for work time during the delay and shall

not be applied as part of any guarantee.

ARTICLE XIX - LOCATIONS/TRAVEL

Section 1: Employees Hired Within Los Angeles County:

(a) Employees shall report to work at designated local production locations within the

Studio Zone. The Studio Zone shall be the area within a circular thirty (30) mile zone, the radius

of which shall be calculated from Beverly Boulevard and La Cienega Boulevard in Los Angeles,

CA, unless there are access difficulties, in which case the Employer will make appropriate

transportation arrangements. The following areas are deemed to be within the 30 mile studio

zone for all purposes under this Agreement: Agua Dulce, Castaic (including Lake), Leo Carillo

State Beach, Ontario Airport, Piru, Pomona (including fair grounds).

(b)(1) Employees may be requested to report to a nearby production location outside the

thirty (30) mile zone, in which case the employee shall be paid mileage, computed from the

perimeter of the distance from the thirty (30) mile zone to the reporting place and return

calculated at the rate of the then current IRS established rate. Such travel time outside of the

thirty (30) mile zone shall be paid as an allowance at the employee’s regular hourly rate and such

travel time shall not be included in the required rest period.

(2) On any day in which an employee covered under this Agreement works in excess

of sixteen (16) hours including travel time from the edge of the zone and the location is more

than thirty (30) miles from the edge of the zone, the Employer, shall offer that employee (and, if

accepted, pay for) either first class nearby hotel accommodations or offer to provide third party

return transportation. It is understood that the day following such accommodations or the return

transportation day is not a work day but travel allowance may be payable under the terms of

(b)(1).

(c) Any employee who is transported by the Employer to an overnight location shall be

provided with a per diem allowance per CONUS M + IE rates (for meals not provided) and

either housing or a housing allowance per CONUS lodging rates. The Employer shall provide

transportation to and from overnight locations. All travel by commercial jet shall be not less

than coach class. All other travel by commercial carriers shall be by the best class available.

(d) Work time for employees on overnight location shall be calculated from time of set

call to time of set dismissal and they shall be provided with transportation to and from daily

production locations. Daily travel time shall not exceed one hour a day. Daily travel time in

excess of one hour a day shall be paid as work time. Rest periods shall be calculated on a portal-

to-portal basis.

(e) The employer acknowledges its obligation to offer transportation between locations

on a multiple location production day. If an employee is required by the employer to use their

#372905v2 CPA-11

personal vehicle during the work day to travel between multiple locations, whether inside or

outside the zone, such employee shall receive mileage reimbursement at the then current IRS

rate. If an employee refuses the company offer of transportation and chooses to use their own

vehicle, that employee shall not be entitled to mileage reimbursement.

Section 2: Employees Hired Outside Los Angeles County:

For employees hired outside of Los Angeles County, the following shall apply:

(a) Production Zones shall be deemed to exist in the following production centers

covered by this Supplemental Agreement. A Production Zone is defined to encompass the area

within a thirty mile radius of the City Hall of the following production centers, unless otherwise

specified below:

State Production Center

Alaska -- Anchorage

Arizona -- Phoenix and Tucson

California -- Sacramento and San Diego

Colorado -- Denver

Florida -- Miami (includes all of Palm Beach, Dade and

Broward Counties), Orlando (includes Winter

Haven and Lakeland) and Tampa (St. Petersburg

and Clearwater)

Georgia -- Atlanta

Hawaii -- Honolulu

Louisiana -- New Orleans

Maryland -- Baltimore

Massachusetts -- Boston

Michigan -- Detroit

Minnesota -- Minneapolis and St. Paul

Missouri -- St. Louis

Nevada -- Las Vegas

New Mexico -- Albuquerque and Santa Fe

North Carolina -- Charlotte and Wilmington

Ohio -- Cleveland

Oregon -- Portland

Pennsylvania -- Pittsburgh

Puerto Rico -- San Juan

Tennessee -- Nashville

Texas -- Austin, Dallas, Ft. Worth, Houston, San Antonio

Utah -- Salt Lake City

Virginia -- Richmond

Washington, D.C. -- Washington, D.C.

Washington -- Seattle

(b) For productions in a Production Zone, the following shall apply:

#372905v2 CPA-12

(1) Employees shall report to work at designated local production locations

within the Production Zone unless there are access difficulties, in which case the Employer will

make appropriate transportation arrangements.

(2) An employee who works within a Production Zone and resides within the

geographic jurisdiction of a local Union where production takes place or whose principal

residence is within 60 miles from the production location, is considered a Local Hire.

(c) For productions at a Nearby Location (i.e. a location outside a Production Zone, but

not an overnight (location), the following shall apply:

(1) Employees may be requested to report to a Nearby (non-overnight)

location outside the thirty (30) mile zone, in which case the employee shall be paid mileage,

computed from the perimeter of the distance from the thirty (30) mile zone to the reporting place

and return calculated at the rate of the then current IRS established rate. Such travel time outside

of the thirty (30) mile zone shall be paid as an allowance at the employees regular hourly rate

and such travel time shall not be included in the required rest period.

(2) On any day in which an employee covered under this Agreement works in

excess of eighteen (18) hours including travel time from the edge of the zone and the location is

more than thirty (30) miles from the edge of the zone, the Employer, shall offer that employee

(and, if accepted, pay for) first class nearby hotel accommodations.

(d) Any employee who is transported by the Employer to an overnight location or

whose primary residence is more than 60 miles from a production location is a Distant Hire.

(Conversely, if the employee’s primary residence is 60 miles or less from the production location

the employee is a Local Hire.) Distant Hires shall be provided with a per diem allowance per

CONUS M + IE rates (for meals not provided) and either housing or a housing allowance per

CONUS lodging rates. The Employer shall provide transportation to and from overnight

locations for Distance Hires. All travel by commercial jet shall be not less than coach class. All

other travel by commercial carriers shall be by the best class available.

“CONUS M + IE” means the then current, applicable per diem rates for lodging, meals and

incidental expenses for travel within the continental United States (i.e. the 48 contiguous states

and the District of Columbia) as established by the Internal Revenue Service.

(e) Work time for employees on overnight location shall be calculated from time to

set call to time of set dismissal and they shall be provided with transportation to and from daily

production locations. Daily travel time shall not exceed one hour a day. Daily travel time in

excess of one hour a day shall be paid as work time. Rest periods shall be calculated on a portal-

to portal basis.

(f) The employer acknowledges its obligation to offer transportation between

locations on a multiple location production day. If an employee is required by the employer to

use their personal vehicle during the work day to travel between multiple locations, whether

inside or outside the zone, such employee shall receive mileage reimbursement at the then

#372905v2 CPA-13

current IRS rate. If an employee refuses the company offer of transportation and chooses to use

their own vehicle, that employee shall not be entitled to mileage reimbursement.

ARTICLE XX - CANCELLATION OF CALLS

Section 1. In the event of cancellation for previously called employees, it is

understood that if notification is not given by the completion of the previous day’s work or by

3:00 p.m. of the day preceding the call if not a work day, then the employee shall be paid an

eight (8) hour minimum call, unless the cancelled call was for a travel only or wrap in which

case the employee shall be paid a four (4) hour minimum call.

ARTICLE XXI - HOLIDAYS

Section 1. Recognized holidays shall be the same as those designated in the then

current Screen Actors Guild Commercials Contract and which currently are: New Year’s Day,

Martin Luther King, Jr.’s Birthday, Washington’s Birthday (Presidents’ Day), Memorial Day,

Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Weekly employees shall

be paid for an unworked holiday falling within their regular work week. If any of the above

named holidays falls on Sunday, the following Monday shall be deemed the holiday and if any of

the above named holidays falls on a Saturday, the preceding Friday shall be considered the

holiday.

ARTICLE XXII - BENEFITS

Section 1. The provisions of Article IX shall be applicable to employees hired by the

Employer to perform services in the County of Los Angeles (except for Locals 161 and 798 as

hereinafter provided) or hired by the Employer in the County of Los Angeles to perform services

outside the County of Los Angeles. Eight (8) hours of benefit contributions for travel days and

idle days on overnight locations shall be made.8

8For the benefit of employees hired to perform services in Los Angeles, County or hired in Los Angeles County to perform

services outside Los Angeles County:

(a) The producer shall contribute to the MPIPHP for pension and welfare benefits an amount per hour worked or

guaranteed as follows:

"(i) For employees hired to perform services in LA county or hired in LA County to perform services outside thereof,

and within the geographic scope, during the term of this Agreement the contribution rate to the MPIPHP shall be equal to the

then current Basic Agreement Rate as contained in the AMPTP/IATSE major studios motion picture Basic Collective Bargaining

Agreement (herein the "Basic Agreement Rate"), which is stipulated to currently be $5.9875 per hour worked or guaranteed, plus

a flat dollar amount of$3.00 (the "Basic Add On") per hour worked or guaranteed. Pursuant to the foregoing formula, the current

contribution rate to the MPIPHP for employees described in the first sentence of this Footnote paragraph (i) is $8.9875 per hour

worked or guaranteed. At no time shall the hourly contribution rate to the MPIPHP under this Footnote paragraph (i) exceed the

contribution rate to the MPIPHP under Article XXII Section 2 (b) above. Contributions for idle days shall include the then full

contribution to the Individual Account Plan. The per hours worked or guaranteed contribution to the MPIPHP shall include the

$.305 to the Individual Account Plan described in Footnote paragraph (b) (1), below.

(ii) In addition to the above, $.26 per hour worked or guaranteed to CSATF for maintenance and posting on line

of the Television Commercial Roster and for Safety Training.

#372905v2 CPA-14

Section 2. (a) The following shall be applicable to employees hired outside of

Los Angeles County, except camera department and post production employees and employees

hired and rendering services in the categories represented by Locals 161, 476, 764, 769, 784 and

798 as hereinafter provided. Benefit contributions shall be made in the following aggregate

amounts for each day worked:

Effective Effective Effective

9/29/13 9/28/14 10/4/15

$89.00 $94.00 $99.00

(b) For camera department and post production employees hired and working

outside of Los Angeles County contributions shall be made in the amount of $12.0730 per hour

plus 6% of scale to the MPIPHP Individual Account Plan. (Footnote 8 below, paragraph (b)

thereof shall apply.)

For employees hired outside LA County for whom contributions are required to be made to the

MPIPHP, the pension and welfare fund contribution rates to the MPIPHP under Article XXII

may be established annually by the Board of Directors of the MPIPHP based on the cost of

benefits as determined by the actuaries and consultants to those plans and as such contribution

rates are applied under, and reflected in, the then current Basic Agreement

(c) For the following specified geographic areas, benefit contributions for

other than camera department and post production employees and employees hired in and

rendering services in categories represented by Locals 476, 784, and 798 shall be as follows:

(1) For persons hired in New England, Maryland, and Washington, D.C., benefit

contributions shall be made in the following aggregate amounts for each day worked:

(b) The Employer shall, for the period commencing October 1, 2013, pay into the MPIPHP Individual Account

Plan (“IAP”) the following amounts on behalf of each employee employed by the Employer hereunder,

(1) The Employer shall, for the period commencing October 1, 2013, pay into the Motion Picture

Industry Individual Account Plan the sum of thirty and five-tenths cents ($.305) for each hour worked by or guaranteed an

employee by such Employer on or after October 1, 2013 under the terms of this Agreement (the said $.305 is included in the rates

referred to in footnote 8(a)), including “straight time” and “overtime” hours on any day worked. In addition, Employer shall

contribute to the Individual Account Plan the following amounts on behalf of each employee employed by the Employer

hereunder:

(2) For all hours worked by or guaranteed such employee, six percent (6%) of the scale Regular Basic

Hourly Rate of pay. (In the case of “on call” employees, such percentage payment shall be based on the scale “on call” rate.)

(3) Any negotiated increase in the IAP contribution rate under the IATSE Basic Agreement subsequent

to October 1, 2013, shall increase the IAP contribution rate under the CPA by the same amount as of the same date. The IATSE

may on notice to the AICP reallocate any portion of the IAP contribution rate to the MPIPHP Health Plan. The parties

acknowledge that effective July, 2012, and until further written notice from the IATSE to the AICP the $.305 per hour worked or

guaranteed contribution to the IAP in Footnote paragraph (b)(1) has been diverted from the IAP to the Motion Picture Industry

Health Plan.

#372905v2 CPA-15


9/29/13 9/28/14 10/4/15

$117.00 $122.00 $127.00

(2) For persons hired in Michigan, benefit contributions shall be made

in the following aggregate amounts for each day worked:


9/29/13 9/28/14 10/4/15

$132.00 $137.00 $142.00

(3) For persons hired in Nevada, benefit contributions shall be made in

the following aggregate amounts for each day worked:

HEALTH:


9/29/13 9/28/14 10/4/15

$65.71 $70.71 $75.71

(4) In addition to the amounts in paragraph (3) for persons hired in

Nevada, 8% of gross pay as pension contributions payable to the NRA-IATSE Local 720 Joint

Trust Fund.

(5) For persons hired in categories represented by Locals 161, 476,

764, 769, 784 and 798 pension and welfare fund contributions shall be made in the following

aggregate amounts for each day worked as follows:

(A) Local 161

(i) In Delaware, Maryland, Massachusetts, Pennsylvania and Washington, D.C., per day to

the IATSE National Plan:


9/29/13 9/28/14 10/4/15

$129.00 $134.00 $139.00

#372905v2 CPA-16

(ii) In Connecticut, New York and New Jersey:

Effective 9/29/13 $12.0730 /hr plus 6.0% of scale (Individual Account Plan)

to the MPIPHP. (See footnote 8 on page CPA- pages 13-

14, paragraphs (b),(1), (2) and (3).)

(iii) In Maine, New Hampshire, Vermont, Rhode Island, Virginia, West Virginia, North

Carolina, South Carolina, Georgia and Florida, per day to the IATSE National Plan:


9/29/13 9/28/14 10/4/15

$110.00 $115.00 $120.00

(B) Local 476 (Studio Mechanics - Chicago, Illinois)

For studio mechanic category work within the geographic jurisdiction of Local 476 (i.e.

Chicago, Illinois) welfare, pension and annuity funds contributions shall be made at the

same contribution rates as set forth in the then current Local 476/AICP Midwest

Agreement.

(C) Local 764 (Wardrobe - New York)

Benefit plan contributions for Local 764 covered work under APPENDIX “E” to this

CPA shall in the aggregate be the same as the total daily contributions applicable to the

Local 798 New York Pension and Welfare Funds under subsection (F)(i) below payable

to the Pension, Health and Annuity Funds of Local 764.

(D) Local 769 (Theatrical Wardrobe - Chicago, Illinois)

Benefit plan contributions for Local 769 covered work under this CPA within the

geographic jurisdiction of Local 769 (i.e. Chicago, Illinois) shall be made to the IATSE

National Plans at the same rates as contributions to the Local 476 (Studio Mechanics –

Chicago, Illinois) plans under Paragraph (B) above.

(E) Local 784 (Wardrobe – San Francisco)

Benefit plan contributions for Local 784 covered work under this CPA shall, in the

aggregate, be the same as the total daily contributions applicable to Local 798 New York

Pension and Welfare Funds under subsection (F)(ii) above. Health and welfare fund

contributions on behalf of San Francisco wardrobe department personnel shall be

remitted to the Theatrical Wardrobe Union 784 Health and Welfare Trust Fund. Pension

Plan contributions on behalf of San Francisco wardrobe department shall be remitted to

the “IATSE National Pension Plan C,” except that such employees with three (3) or more

years vested status in the IATSE Local 16 Pension Trust Fund upon the effective date of

#372905v2 CPA-17

this Agreement shall continue to have contributions made to the Local 16 Pension Trust

Fund on their behalf. Such employees wishing to direct their pension contributions to the

Local 16 Plan shall provide documentation to the employer that they meet the 3-year

vesting criteria upon being hired.

See Side Letter hereto providing that health plan contributions for Local 784 shall be

remitted to the Flex Plan instead of the Local 784 health and welfare fund.

(F) Local 798

(i) In the Northeast Corridor (except Baltimore, MD, and the District of Columbia) to Local

798 Pension and Welfare Funds per day:


9/29/13 9/28/14 10/4/15

$134.00 $139.00 $144.00

(ii) In Baltimore, MD, the District of Columbia, Rhode Island, Virginia, West Virginia,

North Carolina, South Carolina, Georgia and Florida to Local 798 Pension and Welfare

funds per day:


9/29/13 9/28/14 10/4/15

$110.00 $115.00 $120.00

(G) Local 665 – Hawaii

For work in Hawaii the benefit contribution shall be to the Local 665 Health and Annuity

plans and to the IATSE National Pension Plan C as allocated by the Union.

(d) The benefit plan contributions specified in paragraph (a) and (c) (1) and

(c) (2) above shall be payable as designated by the IATSE to the IATSE National Health and

Welfare, Annuity and Defined Benefit Plans or by the agreement of the parties to other

established benefit plans that meet the requirements of 29 U.S.C. Section 302(c) and the

Producer agrees to be bound to the appropriate Trust Agreement governing such Plans.

Provided, however, that an allocation of the total contributions among related Plans shall be

determined by the IATSE.

Section 3. The Employer will execute any documents required to constitute it an

appropriate Employer contributor to the benefit plans specified in Article IX and Section 2 as the

case may be.

Section 4. If an employee covered by this Agreement is eligible to participate in an

IRS Qualified 401(k) Plan sponsored by the IATSE or an IATSE Local Union, the Employer will

honor the written authorization of such employee to deduct from the employee's gross wages the

#372905v2 CPA-18

specified eligible amount to be remitted to such 401(k) Plan. Either the Local Union sponsoring

such 401(k) Plan or the Plan Administrator shall confirm in writing that employees are eligible to

participate and shall provide any other information relevant to the proper administration of

assigned administrative responsibility for this provision. No Employer contribution shall be

required by this Section.

Section 5. Benefit Contributions for Employees working in Local 600 represented

classifications who are residents of the Commonwealth of Puerto Rico.

Employees working in Local 600 represented classifications who are residents of the

Commonwealth of Puerto Rico shall have benefit contributions made on their behalf as provided

for herein, unless such persons are participants of the Motion Picture Industry Pension and

Health Plans (MPIPHP).

i) Notwithstanding anything to the contrary contained in this Agreement, or in any plan rule,

regulation or Trust Agreement, no contributions shall be due from the Producers to the Motion

Picture Industry Pension and Health Plans nor to the Individual Account Plan on account of any

employees represented by Local 600 who perform work as a member of the bargaining unit who

are residents of the Commonwealth of Puerto Rico, unless such persons are participants of the

Motion Picture Industry Pension and Health Plans (MPIPHP).

ii) Unless such persons are participants of the Motion Picture Industry Pension and Health

Plans (MPIPHP), contributions for any employees represented by Local 600 who are residents of

the Commonwealth of Puerto Rico shall be made to the I.A.T.S.E. National Health and Welfare

Fund Plan C and the.I.A.T.S.E. Annuity Fund in the same aggregate total amount as is paid on

behalf of other bargaining unit employees to the MPIPHP and IAP as provided heretofore in this

Agreement. Such contributions to the I.A.T.S.E National Health and Welfare Fund Plan C and

the I.A.T.S.E. Annuity Fund shall be allocated as per the direction of Local 600.

iii) The Employer agrees to be bound by the IATSE National Benefit Funds Agreement and

Declaration of Trust as amended.

ARTICLE XXIII - IATSE PAC

Section 1. The Employer agrees to deduct from each employee’s gross wages at each

payroll period such voluntary contributions to the IATSE Political Action Committee (“IATSE

PAC”) as the employee has authorized in writing to be deducted. The Employer will issue a

single check for all employees’ deductions payable to the IATSE PAC and remit same directly to

the IATSE PAC within ten calendar days of the deduction. Along with the check the Employer

will provide the PAC with the following information: (1) the name of each employee for whom

a deduction has been made, (2) the employee’s social security number, and (3) the amount of the

deduction. The Union will indemnify and hold harmless the Employer from any and all liability

arising from deductions provided for in this action. The foregoing may be assigned to the

Employer’s payroll service for administration.

#372905v2 CPA-19

ARTICLE XXIV - EMPLOYER IDENTIFICATION

Section 1. The Employer shall notify the IATSE if it changes its name or identity

through merger or otherwise.

ARTICLE XXV - WAGE RATES

Section 1. The applicable minimum (i.e. “scale”) wage rates for positions covered by

the Agreement are set forth in Appendix A (Wage Rates Within Los Angeles, CA County) and

Appendix B (Wage Rates Outside Los Angeles, CA County but within the geographical

application of Article I, Section 2) attached hereto. There are no guarantees of employment

beyond one (1) day for daily employees.

Section 2. Scale rates in the CPA and in the Northeast Corridor Appendix shall be

increased on a compounded basis effective on the following dates by the following percentages:

Date Amount

9/29/2013 2.0% (two percent)

9/28/2014 2.0% (two percent)

10/4/2015 3.0% (three percent)

Section 3. Scale rates for work covered by this Agreement in IATSE Local 784’s

jurisdiction (San Francisco) shall be the rates applicable to the same classification(s) in Los

Angeles.

ARTICLE XXVI - TERM, EFFECTIVE DATE AND OPEN PERIOD

(a) The Agreement shall be effective for a term of three years from October 1, 2013 and

shall remain in full force and effect through September 30, 2016.

(b) Open Period. AICP Member production companies on October 1, 2013 who have

not as of that date opted in as a party to the CPA by filing a written consent through the AICP

with the IATSE may opt in by filing such consent through the AICP not later than midnight

Pacific Time, January 14, 2014. New AICP production company members (including bona-fide

reorganizations) that join AICP anytime during the term of the CPA shall be able to opt in as a

party to the CPA upon filing a written consent through the AICP with the IATSE.

ARTICLE XXVII - MISCELLANEOUS

Section 1. No contribution shall be due from the Employer to the Motion Picture Industry

Pension and Health Plans, including the Individual Account Plan (“MPIP”), on account of any

cameraperson/employee/shareholder. The exclusion of such classification shall be based on the

definition of an employee shareholder as set forth in the Trust Agreements of the MPIP.

#372905v2 CPA-20

Section 2. Section 1 above shall in no manner, directly or indirectly, apply, affect or involve

any agreements as to cameraperson/employee/shareholders between the I.A.T.S.E. and/or Local

600 and the AICP and individual commercial producers as to MPIP coverage for cameraperson/

employee/shareholders who are employed in the County of Los Angeles to perform services

either within or without said county in the production of television commercials..

Section 3. It is the understanding of the parties that the Employer shall not be deemed to be

in breach of the 1996 or 2000 CPA if the Employer consistently did not make contributions on

behalf of each cameraperson/employee/shareholder, under said Commercial Production

Agreements, who worked as both the Director and the Director of Photography on a particular

project covered under the 1996 or 2000 Agreement. However, the Employer shall not be entitled

to a refund of contributions previously made to the Motion Picture Industry Pension or Health

Plans or to the Individual Account Plan on behalf of any such persons so employed under the

1996 or 2000 CPA.

Section 4. The Northeast Corridor Appendix containing I.A.T.S.E. Locals 600, 161 and 798

Terms and Conditions (herein “NEC”) together with this CPA constitutes a single collective

bargaining agreement.

Section 5. The Employer acknowledges that the I.A.T.S.E. and its representatives are

lawfully entitled to all relevant payroll information reflecting the wages paid to and hours

worked by employees of the Employer represented by the I.A.T.S.E. whether those records are

within the control of the Employer or the control of its payroll service.

ARTICLE XXVIII - IATSE ENTERTAINMENT AND EXHIBITION INDUSTRIES

TRAINING TRUST FUND

The Employer shall contribute to the IATSE Entertainment and Exhibition Industries Training

Trust Fund ("EEITF") one quarter of one percent (.0025) of each daily payroll of employees of

the Employer in the bargaining unit covered by this Agreement. Contributions are due no later

than the last day of each month for each daily bargaining unit payroll payable during the

preceding month. All contributions shall be made payable to the IATSE Entertainment and

Exhibition Industries Training Trust Fund, and sent to 10045 Riverside Dr., 2nd Floor, Toluca

Lake, California, 91602. Employer agrees to be signatory to the IATSE Entertainment and

Exhibition Employees Training Trust Fund, established June 22, 2011 ("Trust Agreement") and

to abide by and be bound by its term and conditions, and any amendments thereto, and all

policies and procedures of the Fund, including Collection of Contribution Payable by Employers,

as related to the contributions due as per the above referenced collective bargaining agreement.

ARTICLE XXIX - CONFIDENTIALITY

Section 1. (a) In recognition of the confidentiality requirements imposed on the

Employer by advertising agencies and their clients, employees covered by this agreement shall,

with respect to any commercial production on which they are employed hold in strictest

confidence all non public information, trade secrets, creative material and production techniques

#372905v2 CPA-21

and shall not disparage or give out unauthorized publicity concerning any aspect of the

production process except as protected or required by applicable labor laws, rules and

regulations. The Employer strictly forbids the capturing of images and/or recordings except as

authorized by Employer as an essential function of Employee's specific job.

(b) When required by the Agency or Advertiser, the employee shall be required as

a condition of employment to acknowledge that he/she understands and agrees to comply with

the provisions of this Article XXIX by signing a copy of the form attached hereto as Appendix K

hereto. The employee shall be given a copy of the signed form.

Section 2. Advance Union Approval of Documents Provided to Crew for Execution

(a) Any document provided to a crew member for execution, other than standard payroll

forms, must be approved in advance by the Union. Failure to obtain the Union's approval will

result in any executed document being deemed null and void and unenforceable at the discretion

of the Union. The Union will answer the Employer's request for approval via e-mail within 48

hours of receipt (exclusive of weekends and holidays in Article XXI) of the proposed document

and if no answer to the request is received, the proposed document shall be deemed approved by

the Union.

ARTICLE XXX - DAILY ON CALL WORK

Section 1. With respect to Daily On Call classifications:

(a) The sixth (6th) day worked in the employee's work week shall be paid at 1.5 times the

employee's regular daily rate.

(b) The seventh (7th) day worked in the employee's work week shall be paid at 2.0 times the

employee's regular daily rate.

(c) A designated holiday (Article XXI) worked in the employee's work week shall be paid at

2.0 times the employee's regular daily rate

Section 2. The following are designated in this Agreement and Schedules, as "Daily

On Call Classifications":

Art Director

Assistant Art Director

Set Decorator

Costume Designer

Construction Coordinator

Appendix D Classifications (only where the Employer utilizes such employees in the

same manner as traditionally used in the motion picture industry):

Production Accountant

Production Office Coordinator

Assistant Production Accountant

Assistant Production Office Coordinator

#372905v2 A-1

Appendix “A” Wage Rate Schedule Within Los Angeles, CA County

Where there was a Daily On Call rate that was used.

Where there was a Weekly On Call only, 25% of that was used.

September 29, 2013

CLASSIFICATION9

0 – 8 hrs

Min

Call

6th Day

(1st 12)

1.5X - 9 – 12 hrs

7th day/hr

(1st 12)

2X - 13-18 hrs

Over 18

hours Director of Photography Hourly 103.04 824.32 154.56 206.08 309.12

Camera Operator Hourly 63.09 504.72 94.64 126.18 189.27

1st Camera Assistant Hourly 45.63 365.04 68.45 91.26 136.89

2nd Camera Assistant Hourly 41.92 335.36 62.88 83.84 125.76

Camera Loader/Utility Hourly 35.87 286.96 53.81 71.74 107.61

Digital Imaging Tech. Hourly 60.12 480.96 90.18 120.24 180.36

Sound Mixer Hourly 70.39 563.12 105.59 140.78 211.17

Microphone Boom Operator Hourly 47.52 380.16 71.28 95.04 142.56

Utility Sound Technician Hourly 47.52 380.16 71.28 95.04 142.56

VTR/Video Playback Hourly 47.52 380.16 71.28 95.04 142.56

Key Grip Hourly 44.18 353.44 66.27 88.36 132.54

2nd Grip Hourly 39.56 316.48 59.34 79.12 118.68

Dolly Grip Hourly 40.97 327.76 61.46 81.94 122.91

Grip Hourly 37.77 302.16 56.66 75.54 113.31

Entry Level Grip Hourly 33.05 264.40 49.58 66.10 99.15

Lighting Gaffer Hourly 44.18 353.44 66.27 88.36 132.54

2nd Electrician Hourly 39.56 316.48 59.34 79.12 118.68

Dimmer Operator Hourly 38.63 309.04 57.95 77.26 115.89

Electrician Hourly 37.77 302.16 56.66 75.54 113.31

Entry Level Electrician Hourly 33.05 264.40 49.58 66.10 99.15

Property Master Hourly 44.18 353.44 66.27 88.36 132.54

2nd Prop Hourly 38.63 309.04 57.95 77.26 115.89

3rd Prop Hourly 36.20 289.60 54.30 72.40 108.60

Daily Rate 6th Day Rate 7th Day Rate

Costume Designer Daily on call 597.67 896.51 1195.34

Key Costumer Hourly 41.98 335.84 62.97 83.96 125.94

2nd Costumer Hourly 39.07 312.56 58.61 78.14 117.21

3rd Costumer Hourly 36.51 292.08 54.77 73.02 109.53

Entry Level Costumer Hourly 28.50 228.00 42.75 57.00 85.50

Key Make-Up Artist Hourly 50.29 402.32 75.44 100.58 150.87

2nd Make-Up Artist Hourly 42.80 342.40 64.20 85.60 128.40

3rd Make-Up Artist Hourly 38.79 310.32 58.19 77.58 116.37

Key Hair Stylist Hourly 49.88 399.04 74.82 99.76 149.64

2nd Hair Stylist Hourly 43.75 350.00 65.63 87.50 131.25

9 The minimum wage rate for any classification not listed which is within the scope of Article I shall be the current rate

specified in the Hollywood Basic Agreement. The listing of a classification is not a staffing requirement.

#372905v2 A-2

Appendix “A” Con’t Wage Rate Schedule Within Los Angeles, CA County

September 29, 2013

CLASSIFICATION

0 – 8 hrs Min

Call

6th Day

(1st 12)

1.5X - 9 – 12 hrs

7th day/hr

(1st 12)

2X - 13-18 hrs

Over 18

hours

3rd Hair Stylist Hourly 37.29 298.32 55.94 74.58 111.87

Script Supervisor Hourly 36.89 295.12 55.34 73.78 110.67

First Aid Hourly 34.47 275.76 51.71 68.94 103.41

Craft Service Hourly 32.02 256.16 48.03 64.04 96.06

Daily Rate

6th Day Rate 7th Day Rate

Art Director Daily on call10

878.72

1318.08 1757.44

Assistant Art Director Daily on call 657.65

986.48 1315.30

Set Decorator Daily on call 635.85

953.78 1271.70

Lead Set Dresser Hourly 38.63 309.04 57.95 77.26 115.89

Set Dresser Hourly 36.20 289.60 54.30 72.40 108.60

Daily Rate


Construction Coordinator Daily on call 617.87

926.81 1235.74

Propmaker Foreperson Hourly 44.37 354.96 66.56 88.74 133.11

Propmaker Hourly 38.63 309.04 57.95 77.26 115.89

Daily Rate


Paint Foreperson Daily on call 520.48

780.72 1040.96

Painter Hourly 38.63 309.04 57.95 77.26 115.89

Lead Scenic Artist Hourly 57.26 458.08 85.89 114.52 171.78

Scenic Artist Hourly 51.79 414.32 77.69 103.58 155.37

Special Effects Foreperson Hourly 44.37 354.96 66.56 88.74 133.11

Lead Effects Hourly 40.97 327.76 61.46 81.94 122.91

Effects Hourly 38.63 309.04 57.95 77.26 115.89

Studio Teacher/ Hourly 47.97 383.76 71.96 95.94 143.91

Welfare Worker

10

The daily rate shall be twenty-five percent (25%) of the weekly rate.

#372905v2 A-3




September 28, 2014

CLASSIFICATION

0 – 8 hrs Min

Call

6th Day

(1st 12)

1.5X - 9 – 12 hrs

7th

day/hr

(1st 12)

2X - 13-18 hrs

Over 18

hours

Director of Photography Hourly 105.10 840.80 157.65 210.20 315.30



2nd

Camera Assistant Hourly 42.76 342.08 64.14 85.52 128.28







Key Grip Hourly 45.06 360.48 67.59 90.12 135.18

2nd

Grip Hourly 40.35 322.80 60.53 80.70 121.05


Grip Hourly 38.53 308.24 57.80 77.06 115.59



2nd






2nd

Prop Hourly 39.40 315.20 59.10 78.80 118.20

3rd Prop Hourly 36.92 295.36 55.38 73.84 110.76


Costume Designer Daily on call 609.62 914.43 1219.24


2nd

Costumer Hourly 39.85 318.80 59.78 79.70 119.55

3rd

Costumer Hourly 37.24 297.92 55.86 74.48 111.72



2nd

Make-Up Artist Hourly 43.66 349.28 65.49 87.32 130.98

3rd



2nd

Hair Stylist Hourly 44.63 357.04 66.95 89.26 133.89

#372905v2 A-4


September 28, 2014

CLASSIFICATION

0 – 8 hrs Min

Call

6th Day

(1st 12)

1.5X - 9 – 12 hrs

7th

day/hr

(1st 12)

2X - 13-18 hrs

Over 18

hours

3rd



First Aid Hourly 35.16 281.28 52.74 70.32 105.48


Daily Rate


Art Director Daily on call 896.29

1344.44 1792.58 Assistant Art Director Daily on call 670.80

1006.20 1341.60


972.86 1297.14



Daily Rate



945.35 1260.46



Daily Rate



796.34 1061.78

Painter Hourly 39.40 315.20 59.10 78.80 118.20





Effects Hourly 38.63 309.04 57.95 77.26 115.89


Welfare Worker

#372905v2 A-5




October 4, 2015

CLASSIFICATION

0 – 8 hrs Min

Call

6th Day

(1st 12)

1.5X - 9 – 12 hrs

7th

day/hr

(1st 12)

2X - 13-18 hrs

Over 18

hours




2nd








Key Grip Hourly 46.41 371.28 69.62 92.82 139.23

2nd

Grip Hourly 41.56 332.48 62.34 83.12 124.68


Grip Hourly 39.69 317.52 59.54 79.38 119.07



2nd






2nd

Prop Hourly 40.58 324.64 60.87 81.16 121.74

3rd Prop Hourly 38.03 304.24 57.05 76.06 114.09

Daily Rate


Costume Designer Daily on call 627.91

941.87 1255.82


2nd

Costumer Hourly 41.05 328.40 61.58 82.10 123.15

3rd

Costumer Hourly 38.36 306.88 57.54 76.72 115.08



2nd


3rd



2nd


#372905v2 A-6


October 4, 2015

CLASSIFICATION

0 – 8 hrs Min

Call

6th Day

(1st 12)

1.5X - 9 – 12 hrs

7th

day/hr

(1st 12)

2X - 13-18 hrs

Over 18

hours

3rd



First Aid Hourly 36.21 289.68 54.32 72.42 108.63


Daily Rate




1036.38 1381.84


1002.05 1336.06



Daily Rate



973.71 1298.28



Daily Rate



820.23 1093.64

Painter Hourly 40.58 324.64 60.87 81.16 121.74





Effects Hourly 39.79 318.32 59.69 79.58 119.37


Welfare Worker

372905v2 B-1

Appendix “B”

Wage Rate Schedule Outside Los Angeles, CA County

September 29, 2013

CLASSIFICATION11

0 – 8 hrs

Min

Call

6th Day (1st 12)

1.5X - 9 – 12 hrs

7th day/hr (1st 12)

2X - 13-18 hrs

Over 18

hours




2nd Camera Assistant Hourly 41.92 335.36 62.88 83.84 125.76




Microphone Boom

Operator Hourly

43.92 351.36 65.88 87.84 131.76

Utility Sound

Technician Hourly

43.92 351.36 65.88 87.84 131.76


Key Grip Hourly 40.85 326.80 61.28 81.70 122.55

2nd Grip Hourly 36.58 292.64 54.87 73.16 109.74


Grip Hourly 34.91 279.28 52.37 69.82 104.73



2nd Electrician Hourly 36.58 292.64 54.87 73.16 109.74





2nd Prop Hourly 35.72 285.76 53.58 71.44 107.16

3 rd Prop Hourly 33.46 267.68 50.19 66.92 100.38

Daily Rate


Costume Designer Daily on call 552.60

828.90 1105.20


2nd Costumer Hourly 36.12 288.96 54.18 72.24 108.36

3rd Costumer Hourly 33.08 264.64 49.62 66.16 99.24



2nd Make-Up Artist Hourly 39.57 316.56 59.36 79.14 118.71

3rd Make-Up Artist Hourly 35.85 286.80 53.78 71.70 107.55


2nd Hair Stylist Hourly 40.46 323.68 60.69 80.92 121.38

3rd Hair Stylist Hourly 34.47 275.76 51.71 68.94 103.41

11

The listing of a classification is not a staffing requirement

372905v2 B-2

Appendix “B” Con’t


September 29, 2013

CLASSIFICATION 0 – 8 hrs Min Call 6th Day (1st 12)

1.5X – 9 – 12 hrs

7th

day/hr (1st 12)

2X – 13-18 hrs Over 18 hours


First Aid Hourly 31.86 254.88 47.79 63.72 95.58


Daily Rate



1218.65 1624.86


907.56 1210.08


881.36 1175.14



Daily Rate


Construction

Coordinator Daily on call

571.26

856.89 1142.52



Daily Rate



721.80 962.40

Painter Hourly 35.72 285.76 53.58 71.44 107.16



Special Effects

Foreperson Hourly

41.01 328.08 61.52 82.02 123.03


Effects Hourly 35.72 285.76 53.58 71.44 107.16


Welfare Worker

September 29, 2013

CLASSIFICATION

Daily Rate



525.59

788.39 1051.18

Production Office Coordinator 315.52

473.28 631.04

Assistant Production Accountant 297.98

446.97 595.96

Assistant Production Office Coordinator 186.98

280.47 373.96

Art Department Coordinator

186.98

280.47 373.96

372905v2 B-3



September 28, 2014

CLASSIFICATION 0 – 8 hrs Min Call

6th Day (1st 12)

1.5X – 9 – 12 hrs

7th

day/hr (1st 12)

2X – 13-18 hrs Over 18 hours Director of Photography Hourly 105.10 840.80 157.65 210.20 315.30



2nd








Key Grip Hourly 41.67 333.36 62.51 83.34 125.01

2nd

Grip Hourly 37.31 298.48 55.97 74.62 111.93


Grip Hourly 35.61 284.88 53.42 71.22 106.83



2nd






2nd

Prop Hourly 36.43 291.44 54.65 72.86 109.29

3rd Prop Hourly 34.13 273.04 51.20 68.26 102.39


Costume Designer Daily on call 563.65 845.48 1127.30 Key Costumer Hourly 38.82 310.56 58.23 77.64 116.46

2nd

Costumer Hourly 36.84 294.72 55.26 73.68 110.52

3rd

Costumer Hourly 33.74 269.92 50.61 67.48 101.22



2nd


3rd



2nd


3rd


372905v2 B-4

Appendix “B” Con’t Wage Rate Schedule Outside Los Angeles, CA County

September 28, 2014

CLASSIFICATION

0 – 8 hrs Min Call 6th Day (1st 12)

1.5X –9 – 12 hrs

7th

day/hr (1st 12)

2X –13-18 hrs Over 18 hours Script Supervisor Hourly 34.78 278.24 52.17 69.56 104.34

First Aid Hourly 32.50 260.00 48.75 65.00 97.50


Daily Rate



1243.02 1657.36


926.18 1234.90


868.38 1157.84



Daily Rate



874.04 1165.38



Daily Rate



736.23 981.64

Painter Hourly 36.43 291.44 54.65 72.86 109.29





Effects Hourly 36.43 291.44 54.65 72.86 109.29

Studio Teacher Hourly 45.25 362.00 67.88 90.50 135.75

Welfare Worker

September 28, 2014

CLASSIFICATION Daily Rate



536.10

804.15 1072.20

Production Office Coordinator

321.83

482.75 643.66


455.91 607.88


286.08 381.44


190.72

286.08 381.44

372905v2 B-5



October 4, 2015

CLASSIFICATION

6th Day (1st 12) 7th

day/hr (1st 12)

0 – 8 hrs Min Call 1.5X - 9 – 12 hrs 2X - 13-18 hrs Over 18 hours




2nd








Key Grip Hourly 42.92 343.36 64.38 85.84 128.76

2nd

Grip Hourly 38.43 307.44 57.65 76.86 115.29


Grip Hourly 36.68 293.44 55.02 73.36 110.04



2nd






2nd

Prop Hourly 37.52 300.16 56.28 75.04 112.56

3rd Prop Hourly 35.15 281.20 52.73 70.30 105.45


Costume Designer Daily on call 580.56 870.84 1161.12 Key Costumer Hourly 39.98 319.84 59.97 79.96 119.94

2nd

Costumer Hourly 37.95 303.60 56.93 75.90 113.85

3rd

Costumer Hourly 34.75 278.00 52.13 69.50 104.25



2nd


3rd



2nd


3rd


372905v2 B-6



October 4, 2015

CLASSIFICATION

0 – 8 hrs Min

Call 6th Day (1st 12)

1.5X - 9 – 12 hrs

7th

day/hr (1st 12)

2X - 13-18 hrs Over 18 hours Script Supervisor Hourly 35.82 286.56 53.73 71.64 107.46

First Aid Hourly 33.48 267.84 50.22 66.96 100.44





953.96 1271.94

Set Decorator Daily on call 596.29 894.44 1192.58




Construction

Coordinator Daily on call

600.17 900.26 1200.34




Paint Foreperson Daily on call 505.54 758.31 1011.08 Painter Hourly 37.52 300.16 56.28 75.04 112.56



Special Effects

Foreperson Hourly

43.08 344.64 64.62 86.16 129.24


Effects Hourly 37.52 300.16 56.28 75.04 112.56

Studio Teacher Hourly 46.61 372.88 69.92 93.22 139.83

Welfare Worker

October 4, 2015

CLASSIFICATION Daily Rate



552.18

828.27 1104.36

Production Office Coordinator 331.48

497.22 662.96


469.59 626.12


294.66 392.88


196.44

294.66 392.88

372905v2 C-1

APPENDIX “C”

The Studio Locals of the I.A.T.S.E. are the following:

Affiliated Property Craftspersons Local No. 44

Motion Picture Studio Grips/Crafts Service/First Aid Medics Local No. 80

Motion Picture Script Supervisors and Production Office Coordinators Local No. 161

Studio Mechanics (Chicago, Illinois) Local No. 476

International Cinematographers Guild Local No. 600

International Sound Technicians, Television Engineers, and Video Assist

Technicians

Local No. 695

Motion Picture and Videotape Editors Guild/Story Analysts Local No. 700

Motion Picture Costumers Local No. 705

Make-up Artists & Hair Stylists Local No. 706

Studio Electrical Lighting Technicians Local No. 728

Motion Picture Set Painters and Sign Writers Local No. 729

Wardrobe Crafts (New York, New York) Local No. 764

Theatrical Wardrobe (Chicago, Illinois) Local No. 769

Wardrobe Crafts (San Francisco, California) Local No. 784

Make-up Artists & Hair Stylists Local No. 798

Art Director Guild and Scenic, Title and Graphic Artists Local No. 800

Motion Picture Screen Cartoonists Local No. 839

Script Supervisors/Continuity & Allied Production Specialists Guild Local No. 871

Motion Picture Studio Teachers and Welfare Workers Local No. 884

Costume Designers Guild Local No. 892

APPENDIX “F”

SIDE LETTER October 1, 2013

This Side Letter is entered into between the International Alliance of Theatrical Stage

Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States,

Its Territories and Canada, AFL-CIO, CLC. (“IATSE”) and the Association of

Independent Commercial Producers, Inc. (“AICP”) contemporaneously with the 2013

Commercial Production Agreement effective October 1, 2013 through September 30,

2016 with respect to the following:

(a) The terms of this side letter supplement and amend the CPA effective October

1, 2013, as follows:

The absence of express editorial wage rates in the 2007 Commercial Production

Agreement and its 1996, 2000 and 2004 predecessors created ambiguity and uncertainty

as to the scope of contract coverage which this Agreement is intended to resolve

prospectively and prevent claims and disputes related to conduct which occurred prior to

the effective date of this Agreement.

Editorial Scale Rates: Sept. 29, 2013

0 – 8

hrs

Min

Call

6th Day

(1st 12)

1.5X

9 –12 hrs

7th

day/hr

(1st 12)

2X

13-18 hrs

Over 18

hours CLASSIFICATION

Editor Hourly 40.79

362.32 61.19 81.58 122.37

Asst. Editor Hourly 22.74

181.92 34.11 45.48 68.22

All freelance editors and assistant editors will be employed on an 8-hour daily minimum

call under the full terms and conditions of the IATSE/ AICP Agreement, including

contributions into the MPIPHP on their behalves.

All staff editors and staff assistant editors will be employed on a 4-hour minimum call. If

they exceed 4 hours, an 8-hour minimum call will apply.

All staff editors and assistant editors based in LA County will have MPIPHP

contributions made on their behalf based on an 8-hour daily minimum.

F-1

J-1 372905v2

APPENDIX “J”

SIDE LETTER October 1, 2013

This Side Letter is entered into between the International Alliance of Theatrical Stage

Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States,

Its Territories and Canada, AFL-CIO, CLC. (“IATSE”) and the Association of

Independent Commercial Producers, Inc. (“AICP”) contemporaneously with the 2013

Commercial Production Agreement effective October 1, 2013 through September 30,

2016 with respect to the following:

The Commercial Industry Administrative Fund:

The AICP shall establish a Commercial Industry Administrative Fund, ("CIAF'') to be

administered under contract between AICP and the CSATF.

The CIAF shall be utilized solely for the purposes of defraying the costs and expenses of

the AICP incurred in labor relations, CPA negotiations with the Union and ongoing contract

administration including, but not limited to, administration, legal fees, consultant fees, staff

costs, web site and seminar costs, publication and distribution of

contract/negotiation/administration a related bulletins, labor relations costs and costs

involved in administering in the CPA grievance and arbitration process.

The funds of the CIAF shall not be used to support non-union productions, discourage or

undermine membership in the Union, nor fund any actions adverse to the Union, and it is

agreed that such adverse actions do not include the administration or negotiation of the CPA

or actions taken in the protection of CPA provisions, rights and remedies in any forum.

The CIAF shall be funded by contributions, to the extent and in such amounts, as may be

negotiated by the Union and included in agreements between it and non-AICP member

commercial producers which agreements adopt the terms of the current CPA as negotiated by

the AICP, in whole or part, by means of an agreement of adherence or otherwise.

The parties confirm that the Union has not agreed, and is under no obligation, express or

implied, to require contributions to the CIAF in any of the Union's collective bargaining

agreements with non-AICP member commercial producers.

Contributions to the CIAF shall be paid to CSATF who will distribute the CIAF, net the

agreed administrative fees, to the AICP to be held in a segregated account and administered

as determined by AICP in accordance with the purposes of the CIAF as above stated. The

AICP, or its assigns, and not the Union shall be responsible for enforcement of the delinquent

contributions to the CIAF, provided, however, that in contractual provisions which the Union

may negotiate providing for contributions to the CIAF, the agreement should also contain

enforcement rights, remedies and procedures which are necessary to enable the AICP to

recover delinquent contributions along with court costs, reasonable attorneys' fees and

prejudgment interest.

372905v2

APPENDIX “K”

Confidentiality Undertaking Pursuant to Article XXIX of the IATSE/ AICP Commercial

Production Agreement effective October 1, 2013.

The undersigned employee:

(A) Acknowledges that Article XXIX of the above referenced CPA provides:

"In recognition of the confidentiality requirements imposed on the employer by advertising

agencies and their clients, employees covered by this agreement shall, with respect to any

commercial production on which they are employed hold in strictest confidence all non public

information, trade secrets, creative material and production techniques and shall not disparage or

give out unauthorized publicity concerning any aspect of the production process except as

protected or required by applicable labor laws, rules and regulations. Employer strictly forbids the

capturing of images and/or recordings except as authorized by Employer as an essential function

of Employee's specific job;" and

(B) Agrees to comply with the provisions of Article XXIX with respect to the commercial

production described below.

Date Signed

Name of Employee Production Company

Category Description of Commercial

Signature of Employee

K-1

372905v2 NEC-1

NORTHEAST CORRIDOR APPENDIX

(herein “NEC”)

TO THE 2013

I.A.T.S.E. – AICP

COMMERCIAL PRODUCTION AGREEMENT

CONTAINING

I.A.T.S.E. LOCALS 600, 161 and 798

TERMS AND CONDITIONS

The terms, conditions, wages and benefits applicable to Locals 600, 161 and 798

in the Northeast Corridor are set forth in this Northeast Corridor Appendix (“NEC”) to

the 2013 Commercial Production Agreement (“CPA”). As used in this Appendix and the

CPA, the term “Northeast Corridor” means the States of Connecticut, Delaware,

Maryland, Massachusetts, New York, New Jersey, Pennsylvania and the District of

Columbia. This Appendix is part of the CPA and together they constitute a single

collective bargaining agreement. The following provisions of the CPA apply to

employees and work covered by Locals 600, 161 and 798 in the Northeast Corridor and

all such provisions are incorporated in this Appendix by reference:

372905v2 NEC-2

ARTICLE I RECOGNITION AND GEOGRAPHIC APPLICATION

OF AGREEMENT

ARTICLE II UNION SECURITY AND CHECKOFF

ARTICLE III ADMINISTRATION

ARTICLE IV ACCESS

ARTICLE V JOB STEWARD

ARTICLE VI NO DISCRIMINATION

ARTICLE VII GRIEVANCE PROCEDURE AND JURISDICTIONAL

DISPUTES

ARTICLE VIII NO STRIKE – NO LOCKOUT

ARTICLE IX MULTI-EMPLOYER UNIT

ARTICLE X FIRST CONSIDERATION FOR EMPLOYMENT

ARTICLE XI MINIMUM TERMS AND CONDITIONS

ARTICLE XII * SCOPE OF AGREEMENT

ARTICLE XIII* OPERATIONS

ARTICLE XIV* WORK DAY, WEEK AND MINIMUM CALLS

ARTICLE XV * OVERTIME

ARTICLE XVI* REST PERIODS

ARTICLE XVII* HIGHER CLASSIFICATION

ARTICLE XVIII* MEALS

ARTICLE XIX* LOCATIONS/TRAVEL

ARTICLE XX * CANCELLATION OF CALLS

ARTICLE XXI* HOLIDAYS

ARTICLE XXII BENEFITS

ARTICLE XXIII IATSE PAC

ARTICLE XXIV EMPLOYER IDENTIFICATION

ARTICLE XXV WAGE RATES (Sections 2A and 2B only)

ARTICLE XXVI TERM AND EFFECTIVE DATE AND OPEN PERIOD

ARTICLE XXVII MISCELLANEOUS

ARTICLE XXVIII IATSE EEITF

ARTICLE XXIX CONFIDENTIALITY

ARTICLE XXX DAILY ON CALL WORK

APPENDIX I SIDE LETTER, EEITF

APPENDIX J SIDE LETTER, CIAF

APPENDIX K CONFIDENTIALITY UNDERTAKING

* NOTE: The Articles indicated (*) are either not applicable or are modified with

respect to Local 600 camerapersons in the Northeast Corridor. See NEC Section

1.10 “Modified CPA Provisions” at page NEC-18.

372905v2 NEC-3

1.0 LOCAL 600 NORTHEAST CORRIDOR TERMS AND CONDITIONS

(a) This Appendix specifies the wages, benefits, terms and conditions

applicable to Local 600 camerapersons working in the Northeast Corridor or hired by the

Employer in the Northeast Corridor to work outside the Northeast Corridor (except if

working Los Angeles County in which case the CPA shall apply to such employment) in

other states or Puerto Rico or the Virgin Islands. Except as provided in the preceding

sentence, the CPA shall apply to work performed by camerapersons outside the Northeast

Corridor but within Local 600’s contractual jurisdiction described herein.

(b) The terms and conditions in the area referred to as the “Outer Region”

shall be governed by the CPA. The Outer Region means the States outside the Northeast

Corridor but within the geographical scope of the CPA and excluding Puerto Rico, U.S.

Virgin Islands and U.S. Territories and possessions.

(c) This Appendix shall be binding upon the Employers as well as upon any

of its subsidiaries or successors engaged in producing television commercials and also

upon any person, firm, corporation or other organization so engaged in which the

Employer or any principal stockholder thereof, whether directly or indirectly, has a

controlling financial interest.

(d) In no event shall an Employer in the Northeast Corridor sub-contract any

of the work covered hereby where an effect thereof would be to enable such work to be

done under wage rates or labor conditions inferior to those herein contained; nor shall any

person not employed in compliance with the provisions of this agreement be permitted to

perform any of such work for or at the premises of the Employer.

372905v2 NEC-4

(e) No person who is a principal in the Employer (either individually, as a

partner or as an officer, director or stockholder thereof) shall hereafter acquire, either, or

indirectly, any interest as a principal in any other business entity engaged in producing

motion pictures for the purposes of avoiding the obligations of the Appendix.

(f) The term “motion picture” as used herein shall mean motion picture

television commercials whether made on or by film, tape or otherwise and whether

produced by means of motion picture cameras, electronic cameras or devices, or any

other combination of the foregoing, or any other means, methods or devices now used or

which may hereafter be adopted.

(g) The scope of this Appendix is understood to cover all phases of recording

visual images for motion picture television commercials and all auxiliary equipment

necessary to the operation of the camera, regardless of the purpose for which such motion

picture images are used, or of the means by which or the substance upon which the same

are recorded.

1.1 PREFERENCE OF EMPLOYMENT

(a) In hiring a cameraperson to perform services in the Northeast Corridor,

preference shall be given by the Employer to persons who have acquired the necessary

skills through prior experience (i) as camerapersons of the Employer or of other

Employers within the national or international charter territory of Local 600 or (ii) as

camerapersons in the employ of other employers photographing television commercials

of comparable standards of quality; including but not limited to aliens with 0-1 visas.

372905v2 NEC-5

(b) Before filling any vacancy for any steady positions covered by this

Appendix, the Employer shall give to Local 600 at least seven (7) days notice (excluding

Saturdays, Sundays and Holidays) of the existence of such vacancy.

(c) Within twenty-four (24) hours after the hiring of any steady cameraperson

in the Northeast Corridor subject to this Appendix the Employer shall furnish to Local

600 the name, residence address, social security number, date of hiring, salary and basis

of employment of such cameraperson.

(d) Local 600 agrees that if, during the term of the CPA, it enters into a

contract with any other employer whose business is comparable to and in competition

with the Employer herein, granting to such other employer more favorable rates and

conditions with respect to production than those provided for in this Agreement, Local

600 will notify the Employer thereof, and the Employer herein shall have the option to

accept such more favorable rates and conditions, and if the Employer exercises such

option, such more favorable rates and conditions shall be deemed substituted for the rates

and conditions herein set forth.

(e) Local 600 recognizes the need, and will continue to assist and cooperate

with the AICP in its effort to increase efficiency and productivity.

1.2 PENSION AND WELFARE PLAN CONTRIBUTIONS

(a) The Employer shall make such contributions at rates determined by the

actuaries and consultants of the MPIPHP which are based upon the hourly cost per

participant of benefits. These rates shall be reviewed and subject to change not more

frequently than once per year. The MPIPHP shall give Employers not less than ninety

(90) days advance notice of a change in such rates.

372905v2 NEC-6

(b) Contributions into the MPIPHP Individual Account Plans shall be made at

the then current contribution rate as per The Producer – I.A.T.S.E. Basic Agreement and

based upon the scale minimum rates contained in this Appendix, for all hours worked or

guaranteed such employees in the applicable classification.

(c) No contributions shall be required to the CSATF in connection with

employees employed under this Agreement.

(d) The Employer shall contribute seventy five cents ($.75) per day on behalf

of each cameraperson working under this Agreement to a fund which meets the

requirements of Section 302(c) of the Labor Management Relations act for the purpose of

providing accidental death and dismemberment insurance. The cost of administering

same shall be taken from the $.75 per day contribution.

(e) Local 600 shall be considered an employer solely for the purpose of being

allowed to make contributions to such Funds in behalf of its officers and employees and

for any of its members when employed for pay (not including meal money) by the Union,

and the said Funds shall also be considered employers for the purpose of covering their

own employees. In addition, retirees under the Pension Fund may be covered, either in

whole or in part, for benefits under the Welfare Fund, if and to the extent so determined

by the Trustees.

1.3 NORTHEAST CORRIDOR WAGE SCALES

(a) The standard minimum wage scales during the term of the CPA for those

employed on a daily basis in the Northeast Corridor shall be as follows:

372905v2 NEC-7

LOCAL 600 NE CORRIDOR RATES

0 - 8 hrs 9 - 10 hrs Min Call 6th day/hr 7th day/hr Turnaround

Dir. Of Photography

9/29/2013 - 9/27/2014 115.37 173.06 1269.09 190.36 253.82 380.73

9/28/2014 – 10/3/2015 117.68 176.52 1294.47 194.17 258.89 388.34

10/4/2015 – 10/1/2016 121.21 181.82 1333.3 200.00 266.66 399.99

Cam Oper

9/29/2013 - 9/27/2014 66.75 100.13 734.21 110.13 146.84 220.26

9/28/2014 – 10/3/2015 68.08 102.12 748.89 112.33 149.78 224.67

10/4/2015 – 10/1/2016 70.12 105.18 771.36 115.70 154.27 231.41

1st Camera Assist.

9/29/2013 - 9/27/2014 64.45 96.68 708.92 106.34 141.78 212.68

9/28/2014 – 10/3/2015 65.74 98.61 723.10 108.47 144.62 216.93

10/4/2015 – 10/1/2016 67.71 101.57 744.79 111.72 148.96 223.44

2nd Camera Assist.

9/29/2013 - 9/27/2014 57.74 86.61 635.14 95.27 127.03 190.54

9/28/2014 – 10/3/2015 58.89 88.34 647.84 97.18 129.57 194.35

10/4/2015 – 10/1/2016 60.66 90.99 667.28 100.09 133.46 200.18

Loader

9/29/2013 - 9/27/2014 49.66 74.49 546.21 81.93 109.24 163.86

9/28/2014 – 10/3/2015 50.65 75.98 557.13 83.57 111.43 167.14

10/4/2015 – 10/1/2016 52.17 78.26 573.84 86.08 114.77 172.15

Digital Imaging Technician

9/29/2013 - 9/27/2014 60.12 90.18 661.29 99.19 132.26 198.39

9/28/2014 – 10/3/2015 61.32 91.98 674.52 101.18 134.90 202.36

10/4/2015 – 10/1/2016 63.16 94.74 694.76 104.21 138.95 208.43

Still Photographer

9/29/2013 - 9/27/2014 66.75 100.13 734.21 110.13 146.84 220.26

9/28/2014 – 10/3/2015 68.08 102.12 748.89 112.33 149.78 224.67

10/4/2015 – 10/1/2016 70.12 105.18 771.36 115.70 154.27 231.41

372905v2 NEC-8

(b) The salaries of camerapersons engaged on a temporary basis, by the day or

week, for the performance of government work (which is hereby defined as work for a

Employer under direct contract with the U.S.I.A. or the Army, Air Force or Navy

Departments) shall be fifteen (15%) less than the applicable wage scales above-specified.

In addition, and notwithstanding any provisions elsewhere herein to the contrary,

camerapersons engaged for a week or more on out of town government work shall

receive no pay for any Saturdays or Sundays on which no work or travel is done, but they

shall be entitled to receive their meal and hotel allowances for such days.

(c) Terms and conditions of employment for camerapersons employed on an

annual basis shall be subject to negotiation between the Employer and Local 600.

1.4 NORTHEAST CORRIDOR HAZARDOUS WORK

(a) Camerapersons will not be required to jeopardize their working

opportunities by having to perform work that is considered hazardous.

(b) The following allowances shall be paid while inspecting, rehearsing or

photographing motion and still pictures on aerial flights, whether in an established

commercial airline or private plane (this only applies when camerapersons are actually

working, not traveling):

Per Flight $150.00

Maximum per day $300.00

On chase scenes, stunt work, close run bys, submarine diving, underwater

photography in other than studio work tanks, and from speeding vehicles or on moving

motorcycles, the same allowances as above shall be paid. The term “speeding” shall be

applied in light of all the circumstances existing at the time and place the work is

372905v2 NEC-9

performed. The said allowances as above shall be paid while flying in combat zones,

irrespective of whether the person is actually working or only traveling, and the term

“combat zone” as used herein shall be deemed to be any area or locality in which there is

armed conflict or hostilities.

(c) Camerapersons may refuse to perform such work without penalty or

discipline. When a cameraperson is called upon to work that s/he considers hazardous

and a difference of opinion arises, then same shall be settled between Local 600 and the

Employer, and if it is agreed that the work is hazardous, the same allowance as above

specified shall be paid for each camera setup, subject to the maximum per day.

If a dispute arises over the amount to be paid for same, then the cameraperson

shall perform the work assigned, and the matter will be settled between the Employer and

Local 600 upon completion of the shoot.

(d) The Employer agrees to consult, where appropriate, AMPTP safety

guidelines as a reference but without any obligation to adhere to said guidelines.

(e) Smoke on the Set – The Employer shall notify each crew member and

prospective crew member as soon as possible prior to the commencement of work if

smoke or man made fog will be present on an enclosed set. No Employer shall dissuade

any member from using the proper type of smoke mask at the times when smoke or fog is

being used on an enclosed set. When smoke other than light background smoke is being

used on an enclosed set, the Employer shall make every reasonable effort to have the set

ventilated not less than ten minutes each sixty to ninety minutes during the period when

such smoke is being used. The Employer shall consult with Local 600 regarding the

appropriate procedures and the proper masks for work on an enclosed set when smoke is

372905v2 NEC-10

being used. The use of any carcinogenic material should be totally avoided; however, if

the Employer insists on such use, the crews may leave the set during such use, and in that

event no loss of time may be posed by the Employer.

1.5 CAMERAPERSONS IN THE NORTHEAST CORRIDOR EMPLOYED ON

A TEMPORARY BASIS DAILY OR WEEKLY

(a) All camerapersons employed on a daily or weekly basis shall work under

the following schedule of hours and conditions:

(b) WORK WEEK: Any five out of seven days; sixth day shall be at time and

one half, seventh day at double time. No cameraperson shall replace a member of the

shoot crew on a premium day unless s/he receives the same premium pay as the main

crew members regardless of their first day worked. The starting time for all members of

the crew of the main standard camera shall be the same for all shooting days but may be

different for additional camera crews and on non-shooting days. By the end of each

working day, the camerapersons shall be notified of the starting time for the following

day and once notice is given, it cannot be changed.

(c) WORK DAY: Any 10 hours starting on the hour or half hour; sixth day

rates for the next 2 hours and seventh day rates thereafter. Sixth day at time and one half

the 10 hour guarantee, seventh day rates thereafter. Seventh day at double the ten hour

guarantee for all hours. All cameraperson required to work more than fifteen (15) hours

exclusive of meal and other rest periods (actual work hours), from the time of reporting

shall be paid two and one half times the hourly rate for all such hours in excess of fifteen

(15) hours of work.

372905v2 NEC-11

Work hours beyond twelve (12) on a sixth or seventh day in a work week or on a

designated holiday shall be paid at double the applicable rate for the day; e.g., 6th

day –

1½ X, 7th

day and holidays – 2X.

The maximum number of hours in a work day shall be 18 consecutive hours from

call time without permission of Local 600. All work required over 18 consecutive hours

must be sanctioned by a full time staff representative of Local 600 and if the work is

authorized it shall be paid at triple the cameraperson’s hourly rate during the first six days

of a work week, four times the cameraperson’s hourly rates on the seventh day of a work

week.

(d) NORTHEAST CORRIDOR HOLIDAYS: New Year’s Day, Dr. Martin

Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day,

Veterans Day, Thanksgiving Day, day after Thanksgiving, and Christmas Day. If any of

these holidays fall on a Saturday, the preceding Friday will be observed. If the holiday

falls on a Sunday, the following Monday will be observed. Holidays shall be paid at

seventh day rates.

(e) TURNAROUND: There shall be a 10 hour rest period between the

termination of work on one call and the commencement of work on the next call (see

paragraph (f) below for specific rules) and a fifty-four (54) consecutive hour break for a

five day week, and thirty-four (34) consecutive hour break for a six day week).

(f) TURNAROUND INFRINGEMENT: In the event less than a ten-hour rest

period is allowed (or a 34 or 54 hour rest period in the case of a five day or six day week)

between the termination of work on one call and the commencement of work on the next

call, the turnaround rate shall be paid in half-hour increments for the invaded hours only.

372905v2 NEC-12

One half-hour increment is paid at fifteen percent (15%) of the Cameraperson’s ten (10)

hour minimum call rate. Turnaround is based from portal to portal. For the purposes of

this agreement, portal to portal turnaround shall be computed from the Studio,

Employer’s office or the headquarters of Local 600.

(g) There shall be a studio zone described as a 25 mile radius from Columbus

Circle in Manhattan. When a cameraperson is requested to report to a location within the

studio zone, their paid time commences when so reporting and their paid time ends when

they are dismissed provided safe public transportation is available nearby or s/he is

transported by the Employer to safe public transportation. When a call is outside the area

consisting of the Island of Manhattan Battery to 125th Street in Manhattan, courtesy

transportation will be provided by the Employer to and from Columbus Circle. Time

spent traveling in courtesy transportation shall not be considered compensable time.

(h) On locations outside the 25 mile studio zone on which crews are not

required to overnight away from the City of New York, time shall be computed from the

Studio, Employer's office or headquarters of Local 600 and continue until return to

studio, Employer's office or headquarters of Local 600. All traveling expenses and meals

shall be furnished by the Employer on locations outside this zone.

(i) All overtime shall be computed in quarter hour increments.

(j) Assignments on which crews employed on a daily or weekly basis are

required to remain away from the City of New York shall be paid for at straight time

when not working on a holiday. When not working on the sixth or seventh consecutive

day on overnight locations, camerapersons shall receive an allowance of one-half the

minimum call (5) hours of pay at straight time, and eight (8) hours of benefit

372905v2 NEC-13

contributions shall be made.

Any employee who is transported by the Employer to an overnight location

shall be provided with a per diem allowance per CONUS M + IE rates (for meals not

provided) and either housing or a housing allowance per CONUS lodging rates.

‘CONUS M + IE’ means the then current, applicable per diem rates for lodging, meals

and incidental expenses for travel within the continental United States (i.e. the 48

contiguous states and the District of Columbia) as established by the Internal Revenue

Service. First class transportation, first class lodging, accommodations, (single

occupancy when available) and all regular meals on, to and from these assignments

shall be furnished by the Employer and camerapersons shall be reimbursed for

amenities (such as laundry, tips, and long distance telephone calls to home of not more

than one per day) in a reasonable amount incurred while on the assignment. Tourist

travel in a regularly scheduled commercial aircraft anywhere within the Continental

United States shall be deemed "first-class" transportation. All travel by commercial jet

shall be not less than coach class. All other travel by commercial carriers shall be by

the best class available.

For any day of the week (excluding holidays) on which a cameraperson travels to

or from distant location at the beginning or end of employment (travel-only days), s/he

shall be paid one-half the minimum call (5) hours of pay at straight time for trips of less

than five (5) hours. For trips greater than five (5) hours, the minimum call (10) hours of

pay at straight time shall be paid. Eight (8) hours of benefit contributions shall be made

for such travel days. For travel on a holiday (travel-only days), camerapersons shall be

paid the minimum call (10) hours of pay at straight time, and ten (10) hours of benefit

372905v2 NEC-14

contributions shall be made for such days. A travel-only day to a location at the start of

an assignment shall not be considered a work day (i.e. does not start the work week) for

purposes of computing overtime premiums.

(k) The first meal shall be scheduled not earlier than 3 hours and not later than

six hours after reporting time and subsequent meal periods shall be scheduled no earlier

than 3 hours and not later than six hours after the conclusion of the preceding meal. Meal

Periods shall be one (1) hour in length, except that a meal period maybe one-half (1/2)

hour in length if a first class hot catered meal is provided by Employer and in such case,

the crew shall be off the clock. Food supplied by the Employer without taking time out

shall not be considered a meal period. If camerapersons are required to work beyond the

time specified above without a meal break, they shall receive $15.00 for the first ½ hour,

$17.50 for the next ½ hour, $20.00 for the next ½ hour, $25.00 for the next ½ hour, and

triple time for each ½ hour after that until there is a meal break.

The Employer, consistent with the break period provided in the agreement, shall

have the right to schedule the lunch period in accordance with its shooting/production

requirements. In no event shall the scheduled meal period of the Director of Photography

or Camera Operator be greater by more than one-half hour than that of the Assistant

Cameraperson.

(l) There shall be a guaranteed camera equipment check-out day for the 1st

Assistant Cameraperson on all shoots except where the production company owns or long

term leases its own equipment.

372905v2 NEC-15

1.6 GENERAL NORTHEAST CORRIDOR CONDITIONS

(a) Members of Local 600 shall not be permitted to work or give service to

any Employer other than the Employer by whom s/he is directly employed. A member’s

service shall not be subleased, nor shall any cameraperson perform services for any other

than his/her direct Employer.

(b) No member of Local 600 shall be required to do the work of any other

organized craft in the industry.

(c) The Employer will give local 600 reasonable notice on all calls unless the

call is made directly to the camera person.

(d) A cameraperson called in for consultation, supervision, and preparation

for lighting, selecting locations, or checking equipment prior to actual shooting or leaving

on a trip shall be compensated at the prevailing wage scale for his/her respective

classification.

(e) All camerapersons reporting after being called to work, or camerapersons

required to work part of a day or night, shall be paid a minimum of one day’s pay.

(f) The Employer must notify an employee six hours after call time if his

services are required for the following work day. When such notice is not given, the call

shall be considered in effect and binding on the Employer to pay for same. Once a

cameraperson begins a call, there can be no cancellation of any part thereof. The

Employer has the right to give the following day’s call at the end of the work day.

The Employer can postpone or cancel a call before its commencement by

giving notice not later than 2:30 p.m. on the day before the call starts, provided the day

372905v2 NEC-16

before is not a work day. When such notice is not given, the call shall be considered in

effect and binding on the Employer to pay for same.

(g) Camerapersons and assistants shall not be required to handle or aid in the

operation of more than one standard camera on any production, and in no event shall

there be in operation or in use simultaneously an additional standard camera unless an

additional crew is assigned to each additional camera. Assistant camerapersons shall

handle and aid in the operation of all motion picture cameras and equipment, including

slates and clap sticks but shall never be permitted to operate a camera alone at any time.

(h) If an extra production unit is used or required, there must be a full

photographic crew on same. However, it is understood that only one Director of

Photography is required in those instances where more than one camera is photographing

the same set.

(i) Operation of still cameras shall be performed only by still camerapersons

represented by Local 600.

(j) On composite process photography, backgrounds including plates with or

without doubles (doubles not to be part of the cast), the minimum crew shall consist of a

Director of Photography and a First Assistant Cameraperson (Camera Operator optional).

(k) On television commercials, the minimum crew shall be a Director of

Photography and a First Assistant Cameraperson (Camera Operator optional).

(l) Where still photography of any kind is used in connection with a

production, a still cameraperson shall be part of the crew.

(m) Local 600 agrees that it will, upon signing of this Agreement, deliver to

the Employer upon request a complete list in which it will specify by name the persons

372905v2 NEC-17

who are classified as Directors of Photography, Camera Operators, Still Photographers,

and Camera Assistants.

(n) The duly authorized Business Representative or other duly accredited

representative of Local 600 shall be permitted to visit any portion of the studio necessary

for the proper conduct of the business of the Local during working hours.

(o) Nothing in this Agreement shall prevent any individual from negotiating

and obtaining from the Employer better conditions and terms of employment than those

herein provided. Provided also that the Employer, at its discretion, with or without Union

consultation, may give any individual better conditions and terms than those herein

provided. Employer will notify Union of the fact that it has executed any written personal

service contract with any persons subject to this Agreement and will certify that such

personal services contract conforms, at least, to the terms and conditions of this

Agreement and that an extra copy of such has been furnished to the cameraperson. No

such granting to any individual of better conditions and terms, if any, shall in any manner

affect the conditions and terms herein provided, nor shall it be considered in any manner

as a precedent for granting any other individual or job better conditions and terms than

those herein provided.

(p) At the end of each calendar quarter the Employer will submit a list of its

camerapersons subject to this Agreement showing each cameraperson’s earnings for that

quarter. In addition, the Employer will submit a record of payments to individuals

employed hereunder, directly or indirectly, for rental of photographic equipment.

372905v2 NEC-18

(q) Contributions as above required shall be made to the Benefit Funds

whether or not the Cameraperson engaged by the Employer is carried on its payroll as an

employee.

1.7 NORTHEAST CORRIDOR EMPLOYER PERFORMANCE BOND

To secure the payment of full wages and pension and welfare contributions, as

provided herein, Local 600 may, in its discretion, whenever it regards the financial ability

of a Employer in the Northeast Corridor to meet its anticipated obligations in that respect

as not having been adequately established, require the Employer to post a performance

bond in an amount sufficient for the purpose. If required, such performance bond shall

cover not only obligations for wages and pension and welfare contributions, but also a

reasonable amount for counsel fees and other litigation expenses which might be incurred

in the event the default of the Employer makes it necessary to institute suit for recovery.

1.8 NORTHEAST CORRIDOR EMPLOYER LIABILITY AND LATE

PAYMENTS

(a) In the event of any failure or refusal of an Employer in the Northeast

Corridor to pay wages under this Appendix or any other fixed financial obligations

hereunder (except benefit and contribution), the Employer shall in addition to its liability

for the principal amount owing, be liable for all expenses (including reasonable

accountants’ fees, attorneys’ fees in accordance with the schedule herein below specified,

court costs, etc.) that may be incurred in ascertaining the amount due and/or in

connection with any suit or proceeding (civil or criminal) instituted against the Employer

by reason of such default, and such additional liability may be recovered in such suit or

proceeding. Attorneys’ fees shall be as follows:

372905v2 NEC-19

Amount of Principal Due Fee

Below $500*………………………………………..30% of principal

$500 or more but less than $1000…………………..25% of principal

$1000 or more………………………………………20% of principal

*Subject to a minimum fee of $50.00

(b) The parties agree to study the question of a late payment penalty in the

event an Employer does not make payment of monies due under this Appendix within

thirty (30) days of completion of the production.

(c) The Employer agrees to comply with all applicable federal and state labor

laws, including the New York State labor law (Section 191.1.d) which requires that all

wages must be paid not less frequently than semi-monthly, on regular paydays designated

in advance by the Employer.

1.9 NORTHEAST CORRIDOR RESIDUALS

If, during the term hereof, the Employer in the Northeast Corridor agrees to

include in any other collective bargaining contract a provision for payment to the

camerapersons covered by such other collective bargaining contract of residuals in any

form not presently being granted, then, and in such event, this Agreement shall be

reopened at the option of Local 600 so that it can negotiate for the payment of residuals

to camerapersons hereunder.

1.10 MODIFIED CPA PROVISIONS

The following provisions of the CPA are modified or are not applicable with

respect to camerapersons in the Northeast Corridor, as indicated:

372905v2 NEC-20

(a) CPA Article XII – (Scope of Agreement) applies subject to NEC Section

1.0(d).

(b) CPA Article XIII – (Operations) CPA Article XIII Section 1.(a) is not

applicable in the Northeast Corridor.

(c) CPA Article XIV – (Work Day, Week and Minimum Calls) is not


(d) CPA Article XV – (Overtime) is not applicable in the Northeast Corridor.

(e) CPA Article XVI – (Rest Period) is not applicable in the North Corridor.

See Sections 1.5(e), (f), (g) and (h).

(f) All Camerapersons:

CPA Article XVII – (Higher Classification) is not applicable to

camerapersons. The past practice with regard to the handling of upgrades in the

camera department shall continue.

(g) CPA Article XVIII – (Meals) is not applicable in the Northeast

Corridor. See Section 1.5(k).

(h) (1) Non-Northeast Corridor Camerapersons:

CPA Article XIX (Locations/Travel) Section 2 (b) (2) shall be

deemed to read:

"An employee whose principal residence is within 60 miles from the

production location is considered a Local Hire."

(2) CPA Article XIX (Locations/Travel) Section 2(e) is not


372905v2 NEC-21

(i) CPA Article XX – (Cancellation of Calls) is not applicable in the

Northeast Corridor. See Section 1.6(f).

(j) CPA Article XXI (Holidays) is not applicable in the Northeast

Corridor. See Section 1.5(d).

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

372905v2 NEC-22

2.0 SCRIPT & CONTINUITY SUPERVISORS LOCAL 161 I.A.T.S.E.

NORTHEAST CORRIDOR TERMS AND CONDITIONS

The Employer is engaged in making, taking and producing motion and still

pictures for the purpose of TV commercials, educational, industrial, documentary,

institutional and other non-theatrical motion pictures and in connection therewith utilizes

in such business the services of Script and Continuity Supervisors; and

2.1 RECOGNITION AND APPLICATION OF APPENDIX

(a) The Employer agrees to and does hereby recognize Local 161 as the sole

and exclusive bargaining representative for all Script and Continuity Supervisors engaged

in the making commercials, now and hereafter employed by the Employer within the

Northeast Corridor.

(b) As used in this Appendix, the term “motion pictures” means and includes

motion pictures whether made on film or tape, or otherwise, of any gauge, size or type

regardless of whether same are recorded by means of conventional photographic cameras,

electronic cameras, or any other devices now employed or hereafter devised.

(c) Notwithstanding the fact that Local 161 is hereby recognized as the sole

and exclusive bargaining representative of the classifications of employees hereinbefore

designated, engaged in the making of commercial productions, the rates of pay hours and

working conditions hereinafter specified in this Appendix shall be applicable only in the

production of television commercials, educational, industrials, documentaries,

institutional and other non-theatrical motion pictures. Should the Employer, at any time

during the term of this agreement, engage in the production of theatrical, television series

or television dramatic shows, the rates of pay, hours and working conditions to apply

372905v2 NEC-23

thereto shall be those contained in the standard form of contract in effect between Local

161 and the Employers of such films, and the Employer agrees to execute at such time a

copy of such standard form of contract covering such work.

(d) All Script and Continuity Supervisors in the employ of the Employer on

the date hereof, and all those hereafter hired shall, as a condition of continued

employment, be or become members of Local 161 not later than the 31st day following

the beginning of their employment, or the date of this agreement, whichever is later, and

all such Script and Continuity Supervisors upon being or becoming members of Local

161 as aforesaid shall be required, as a condition of continued employment, to maintain

such membership in good standing during the life hereof.

(e) If a Script and Continuity Supervisor who is required to join Local 161 or

remain a member in good standing of Local 161 as aforesaid, fails to do so, the Employer

shall, within a reasonable time, but not to exceed three (3) days (excluding Saturdays,

Sundays and Holidays) after receipt from Local 161 of written notice to such effect,

discharge such Script and Continuity Supervisor. The Employer shall not be in default

unless it fails to act within said time after receipt of such notice. The foregoing

provisions of this sub-paragraph (e) shall not, however, require the Employer, during the

continuance of Section 8 (a) (3) of the Labor Management Relations Act of 1947, to take

or refrain from taking any action not justified thereunder.

(f) In hiring persons to perform services covered by this Appendix,

preference shall be given by the Employer to persons who have acquired the necessary

skills through prior experience as Script and Continuity Supervisors of the Employer, or

in the employ of other employers engaged in making pictures of comparable standards of

372905v2 NEC-24

quality. The preference of employment of all persons having such prior experience shall

be equal, and the Employer shall have complete freedom of selection among all persons.

If, after reasonable effort to comply with the foregoing provisions, and, in any event, after

the lapse of ten (10) days following the notice provided for in sub-paragraph (h) the

position shall not have been filled by a competent person having such prior experience,

the Employer may fill such position without reference to the foregoing provisions of this

sub-paragraph.

(g) It is agreed that membership in Local 161 shall not be a condition of

hiring, that the Employer shall administer its hiring practices without discrimination by

reason of membership or non membership in Local 161, and that the ultimate right to

accept or reject an employee is retained by the Employer.

(h) Before filling any vacancy for any steady positions covered by this

agreement, the Employer shall give to Local 161 at least seven days' notice (excluding

Saturdays, Sundays and Holidays) of the existence of such vacancy.

(i) In case of repeal or amendment of the Labor-Management Relations Act

of 1947, or in case of new legislation rendering permissible any union security to Local

161 greater than that specified in the foregoing sub-paragraphs hereof, then the greater

security provisions shall automatically be substituted. In such event, and if permissible

under law, Local 161 agrees to supply adequate, competent and qualified Script and

Continuity Supervisors for the job requirements of the Employer, and if Local 161 fails to

do so, the Employer may secure such Script Continuity Supervisors from any source.

372905v2 NEC-25

(j) Nothing herein shall be interpreted as requiring either party to take any

action or refrain from taking any action in violation or contravention of any applicable

Federal or State law.

(k) Neither the Union nor the Employer shall discriminate against any

employee or applicant for employment in any respect by reason of race, color, creed,

national origin, sex or age.

2.2 WAGE SCALES

(a) The minimum wage scale for Script and Continuity Supervisors shall be as

follows:

0-

8hrs

9-

10hrs

Minimum

Call 6thDay 7thDay

15 hrs.

+ Turnaround

9/29/2013 - 9/27/2014 59.25 88.88 651.75 97.76 130.35 162.94 195.53

9/28/2014 – 10/3/2015 60.44 90.66 664.79 99.72 132.96 166.20 199.44

10/4/2015 – 10/1/2016 62.25 93.38 684.73 102.71 136.95 171.18 205.42

2.3 WORK CONDITIONS FOR SCRIPT AND CONTINUITY SUPERVISORS

EMPLOYED ON A DAILY BASIS

(a) All Script and Continuity Supervisors employed on a daily basis shall

work under the following schedule of hours and conditions:

(b) WORK WEEK: Any five out of seven days; sixth day shall be at time and

one half, seventh day at double time. By the end of each working day, the Script and

Continuity Supervisor shall be notified of the starting time for the following day and once

notice is given, it cannot be changed.

(c) WORK DAY: Any 10 hours starting on the hour or half hour; sixth day

rates for the next 2 hours and seventh day rates thereafter. Sixth day at time and one half

the 10 hour guarantee, seventh day rates thereafter. Seventh day at double the ten hour

372905v2 NEC-26

guarantee for all hours. All Script and Continuity Supervisors required to work more

than fifteen (15) hours, exclusive of meal and other rest periods (actual work time), from

the time of reporting shall be paid two and one-half times the hourly rate for all such

hours in excess of fifteen (15) hours of work.

(d) HOLIDAYS: Holidays shall be as follows: New Year’s Day, Dr. Martin

Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day,

Veterans Day, Thanksgiving Day, day after Thanksgiving, and Christmas Day.

(e) TURNAROUND: There shall be a 10 hour rest period between the

termination of work on one call and the commencement of work on the next call (see

paragraph (f) below for specific rules) and a fifty-four (54) consecutive hour break for a

five day week, and a thirty-four (34) consecutive hour break for a six day week.

(f) TURNAROUND INFRINGEMENT: In the event less than a ten hour rest

period is allowed (or a 34 or 54 hour rest period in the case of a five day or six day week)

between the termination of work on one call and the commencement of work on the next

call, the turnaround rate shall be paid in half hour increments for the invaded hours only.

Turnaround is based from portal to portal. For the purposes of this agreement, portal to

portal turnaround shall be computed from the Studio, Employer’s office, or the

headquarters of Local 161.

(g) LOCATION ZONE: There shall be a location zone described as a 25 mile

radius from Columbus Circle. When call is outside of the area consisting of the Battery

to 125th Street, courtesy transportation will be provided from Manhattan. Studios are

included in the Studio Zone, not the location zone.

372905v2 NEC-27

(h) OUTSIDE LOCATION ZONE: On locations outside the 25 mile location

zone on which crews are not required to overnight away from the City of New York, time

shall be computed from the Studio or Employer’s office. All traveling expenses and

meals shall be furnished by the Employer on locations outside this zone.

(i) All overtime shall be computed in half-hour intervals.

(j) DISTANT LOCATIONS: Assignments on which Script and Continuity

Supervisors are employed on a daily or weekly basis are required to remain away from

the City of New York shall be paid at straight time when not working on a holiday. When

not working on the sixth or seventh consecutive day on overnight locations, Script and

Continuity Supervisors shall receive an allowance of one-half the minimum call (5) hours

of pay at straight time, and eight (8) hours of benefit contributions shall be made.

Any employee who is transported by the Employer to an overnight location

shall be provided with a per diem allowance per CONUS M + IE rates (for meals not

provided) and either housing or a housing allowance per CONUS lodging rates.

‘CONUS M + IE’ means the then current, applicable per diem rates for lodging, meals

and incidental expenses for travel within the continental United States (i.e. the 48

contiguous states and the District of Columbia) as established by the Internal Revenue

Service. First class transportation, first class lodging, accommodations, (single


shall be furnished by the Employer and Script and Continuity Supervisors shall be

reimbursed for amenities (such as laundry, tips, and long distance telephone calls to

home of not more than one per day) in a reasonable amount incurred while on the

assignment. Tourist travel in a regularly scheduled commercial aircraft anywhere

372905v2 NEC-28

within the Continental United States shall be deemed "first-class" transportation. All

travel by commercial jet shall be not less than coach class. All other travel by

commercial carriers shall be by the best class available.

For any day of the week (excluding holidays) on which a Script and Continuity

Supervisor travels to or from distant location at the beginning or end of employment

(travel-only days), s/he shall be paid one-half the minimum call (5) hours of pay at

straight time for trips of less than five (5) hours. For trips greater than five (5) hours, the

minimum call (10) hours of pay at straight time shall be paid. Eight (8) hours of benefit

contributions shall be made for such travel days. For travel on a holiday (travel-only

days), Script and Continuity Supervisors shall be paid the minimum call (10) hours of

pay at straight time, and ten (10) hours of benefit contributions shall be made for such

days. A travel-only day to a location at the start of an assignment shall not be considered

a work day (i.e. does not start the work week) for purposes of computing overtime

premiums.

(k) The first meal shall be scheduled not later than six hours after reporting

time and supper not later than six hours after the preceding meal. Meal periods shall be

one hour in length except that a meal period may be one-half hour in length if a first class

hot catered meal is provided by the Employer and in such case the crew shall be off the

clock. If Script and Continuity Supervisors are required to work beyond the time

specified above without a meal break, they shall receive $15.00 for the first 1/2 hour,

$17.50 for the next 1/2 hour, $20.00 for the next 1/2 hour, $25.00 for the next 1/2 hour,

then triple time for each 1/2 hour after that until there is a meal break. Thereafter, there

will be a 1/2 hour break before returning to work. The production company, consistent

372905v2 NEC-29

with the break periods provided in the agreement, shall have the right to schedule the

lunch period in accordance with its shooting/production requirements. The Employer

shall provide meals for all employees on location away from the studio or, in lieu thereof,

reimburse the employee a minimum of $4.00 for breakfast; $5.50 for lunch; $9.50 for

dinner. Employees on overnight locations shall be allowed a minimum of $21.00 a day

for meals: $4.50 for breakfast; $7.00 for lunch; $9.50 for dinner; and $16.00 a day or

first class lodging.

2.4 GENERAL

(a) The Employer shall have the right to give the next day’s call at the end of

the work day, and to determine the crew for the next day by 2:30 p.m. of the preceding

day. The Employer can postpone or cancel a call before its commencement by giving

notice not later than 2:30 p.m. on the day before the call starts. When such notice is not

given, the call shall be considered in effect and binding on the Employer to pay for same.

(b) A minimum call shall consist of ten (10) hours on any days worked

regardless of starting time, including premium days.

(c) No employee may be discharged except for drunkenness, dishonesty or

incompetence.

(d) No person other than an employee hereunder shall be permitted to perform

the duties of a Script and Continuity and Supervisor. No Script and Continuity

Supervisor shall be required to do the work of any other craft.

(e) Failure to employ a Script and Continuity Supervisor where required shall

obligate the Employer to pay to Local 161 double the wages that should have been paid.

372905v2 NEC-30

The fact that the Employer did not employ a Script and Continuity Supervisor on any day

shall not be evidence that one was not required.

(f) When employees are required to travel by air, the Employer shall provide

$100,000 insurance or its equivalent.

(g) Employees shall not be required to drive or furnish transportation.

2.5 HAZARDOUS WORK

(a) Employees hereunder shall not be required to jeopardize their working


(b) The following allowances shall be paid if an employee hereunder does,

however, agree to perform services while on aerial flights, space flights, submarine

diving, or working in combat zones: $100 for each flight or dive or incident. In the event

work is performed under any of the above circumstances, the Employer shall cover the

employee, for the duration of the assignment, with a personal accident insurance policy,

insuring against death and/or dismemberment in the amount of $100,000 payable to the

beneficiary designated by the employee, and providing for a weekly indemnity of $1,000

in the event of total disability, as such term is commonly understood in the insurance

field, for a period of fifty-two (52) weeks.

(c) The Employer shall provide suitable wearing apparel for abnormally cold

or wet work.

(d) Smoke – The employer shall notify each employee and prospective

employee as soon as possible prior to the commencement of work if smoke or man made

fog will be present on an enclosed set. No employer shall dissuade any member from

using the proper type of smoke mask at the times when smoke or fog are being used on

372905v2 NEC-31

an enclosed set. When smoke other than light background smoke is being used on an

enclosed set, the employer shall make every reasonable effort to have the set ventilated

not less than ten minutes each sixty to ninety minutes during the period when such smoke

is being used. The employer shall consult with the union regarding the appropriate

procedures and the proper masks for work on an enclosed set when smoke is being used.

The use of any carcinogenic material should not be used. The use of any carcinogenic

material should be totally avoided; however, if the Employer insists on such use, the

crews may leave the set during such use, and in that event no loss of time may be

imposed by the Employer.

2.6 GENERAL DUTIES

(a) The Script and Continuity Supervisor is the liaison between the Employer,

Director and Editor. The Script and Continuity Supervisor shall be required for the

Production of any motion picture which involves timing, matching, cast, a continuity of

action, keeping of lined scripts or preparation of notes for the film editor.

(b) The functions of a Script and Continuity Supervisor on such production

may involve any or all of the following:

1. Making a breakdown of wardrobe and props vital to action.

2. Rough timing.

3. Preparing a chronology of time lapses within the script.

4. Keeping script continuity.

5. Timing all scenes and keeping track of master time.

6. Working with the director to insure that scenes are completely covered.

372905v2 NEC-32

7. Matching action, screen direction, wardrobe, hair dress, props, mood and

tempo.

8. Numbering picture and sound takes.

9. Keeping track of hold, print and n.g. takes and reason for such.

10. Following dialogue.

11. Keeping production report; pages of script shot, number of scenes and

setups, master time, company call, first shot, meal times, wrap times.

12. Lining the script and preparing daily notes for the editor.

13. Preparing combined continuity from the composite print.

2.7 [THIS SECTION INTENTIONALLY LEFT BLANK]

2.8 APPLICATION OF AGREEMENT

(a) This Appendix shall be binding upon the Employer (and, as used in this

paragraph, the term “Employer” shall mean and include not only the Employer itself but

also any of its subsidiaries or successors engaged in producing motion pictures, as well as

any person, firm, corporation or other organization so engaged in which the Employer,

whether directly or indirectly, has a controlling financial interest). In no event shall the

Employer sub-contract any of the work covered hereby where an effect thereof would be

to enable such work to be done under wage rates or labor conditions inferior to those

herein contained, nor shall any person not in compliance with the provisions of this

agreement be permitted to perform work for the Employer.

2.9 MISCELLANEOUS

(a) Commercials Only – The Local 161 Appendix applies exclusively to those

AICP companies who are signatory to this Agreement and who are engaged in the

372905v2 NEC-33

physical production of Television Commercials pursuant to contracts with advertising

agencies and/or advertisers.

(b) Should the AICP or any of its producers produce educational, industrials,

documentaries, institutional and/or other non-theatrical motion pictures, the AICP and/or

the producers will notify Local 161, in writing, in advance of the production of the name

of the producer and dates and location of the production as well as the nature of the work

to be produced. Representatives of Local 161 and the AICP and/or producer(s) will meet

to discuss terms and conditions of employment for Script and Continuity Supervisors.

(c) Notwithstanding any of the language of the NEC Appendix or the CPA, it

is specifically understood and agreed between the parties that the job category of

production office coordinator is not utilized in the commercial production industry and

the parties have agreed that this practice shall continue.

3.0 MAKE-UP ARTISTS AND HAIR STYLISTS LOCAL 798

NORTHEAST CORRIDOR TERMS AND CONDITIONS

3.1 LOCAL 798 RECOGNITION AND JURISDICTION

(a) The Employer agrees to and does hereby recognize Local 798 as the sole

and exclusive bargaining agent for all Make-Up Artists and Hair Stylists, and persons

working in such classifications are hereinafter designated as “employees.”

(b) The Employer agrees that as a condition of employment, each employee

covered by this Appendix presently employed or to be employed shall be or become a

member in good standing of Local 798 not later than the thirty-first (31st) day following

372905v2 NEC-34

the beginning of his or her first employment or the date of this Appendix, whichever is

later.

(c) The Employer agrees that in the event any vacancy may exist in any

position involving the type of employment covered by this Appendix, the Employer shall

immediately notify the Business Representative of Local 798 of such vacancy.

(d) This Appendix shall be applicable to the classifications of employees

employed to perform services within the Northeast Corridor or employed by the

Employer within Northeast Corridor to perform services within the confines of the CPA.

In the event the Employer elects to and does employ a person to perform services covered

by this Appendix outside of the above mentioned limits, or outside of the geographical

jurisdiction hereinafter specified, the provisions of this Appendix shall be in effect; but

such person and the Employer may in that case make other arrangements such as a “Flat

Deal” contract in place and stead of the provisions of this agreement, provided such “Flat

Deal” contract or other arrangements such as “Flat Deal” contract in place and stead of

the provisions of this agreement, provided such “Flat Deal” contract or other arrangement

is negotiated and approved by Local 798.

(e) Employees hereunder working within their respective classifications shall

have jurisdiction over the following:

i. Preparing, styling, mixing and application of all facial, body and

hair cosmetics;

ii. Styling and applying all head, body and facial wigs, hair pieces

and transformations and, in consultation with the Employer,

ordering of same where such work is required thereon;

372905v2 NEC-35

iii. Females' hair styling, cutting and coloring;

iv. All prosthetic work and including preparation, styling, lab work

and application.

(f) Local 798 recognizes the need, and will continue to assist and cooperate

with the Employer in an effort to assist increase efficiency and productivity.

3.2 WORKING CONDITIONS

(a) WORK WEEK: Any five out of seven days; sixth day shall be at time and

one half the average hourly rate, seventh day at double the average hourly rate. By the

end of each working day, employees shall be notified of the starting time for the

following day and once such notice is given, it cannot be changed.

(b) WORK DAY: Any 10 hours starting on the hour or half hour; sixth day

rates for the next two (2) hours and seventh day rates thereafter. Sixth day work shall be

paid at sixth day rates for the first 10 hours and at seventh day rates thereafter. Seventh

day work shall be paid at seventh day rates for all hours.

(c) HOLIDAYS: New Year’ Day, Presidents Day, Memorial Day,

Independence Day, Labor Day, Dr. Martin Luther King, Jr. Day, Veterans Day,

Thanksgiving Day, day after Thanksgiving, and Christmas Day. If any of these holidays

falls on a Saturday, the preceding Friday will be observed. If the holiday falls on a

Sunday, the following Monday will be observed. Holidays shall be paid at seventh day

rates.

(d) TURNAROUND: There shall be a 10 hour turnaround on all days

worked. In the event a 10 hour turnaround is not completed, and the crew starts to work

again, the crew shall be paid at turnaround penalty rates (triple the employee's average

372905v2 NEC-36

hourly rate) as set forth in paragraph III until a 10 hour rest period is attained. In the

event that the 10 hour rest period is not achieved on a premium day, the crew shall be

paid the turnaround penalty until a 10 hour rest period is attained.

(e) STUDIO ZONE: There shall be a studio zone described as a 25 mile

radius (see attached map) from Columbus Circle. When an employee is requested to

report to a location within the studio-zone, their time commences when so reporting and

their time ends when they are dismissed, provided safe public transportation is available

nearby or s/he is transported by the Employer to safe public transportation. When a call

is outside the area consisting of the Battery to 125th Street in Manhattan, courtesy

transportation will be provided by the Employer to and from Columbus Circle. Time

spent traveling in courtesy transportation shall not be considered compensable time.

(f) OUTSIDE STUDIO ZONE: On locations outside the 25 mile studio zone

on which employees are not required to overnight away from the City of New York, all

travel time shall be counted as time worked and paid for as such. All traveling expenses

and meals shall be furnished by the Employer on locations outside this zone. Any

employee who is transported by the Employer to an overnight location shall be provided

with a per diem allowance per CONUS M + IE rates (for meals not provided) and either

housing or a housing allowance per CONUS lodging rates. ‘CONUS M + IE’ means the

then current, applicable per diem rates for lodging, meals and incidental expenses for

travel within the continental United States (i.e. the 48 contiguous states and the District of

Columbia) as established by the Internal Revenue Service.

(g) All overtime shall be computed in half-hour intervals.

(h) Assignments on which employees employed on a daily or weekly basis are

372905v2 NEC-37

required to remain away from the City of New York shall be paid for at straight time

when not working on a holiday. When not working on the sixth or seventh consecutive

day on overnight locations, employees shall receive an allowance of one-half the

minimum call (5) hours of pay at straight time, and eight (8) hours of benefit

contributions shall be made.

First class transportation, first class lodging, accommodations, (single


shall be furnished by the Employer and employees shall be reimbursed for amenities

(such as laundry, tips, and long distance telephone calls to home of not more than one

per day) in a reasonable amount incurred while on the assignment. Tourist travel in a

regularly scheduled commercial aircraft anywhere within the Continental United

States shall be deemed "first-class" transportation. All travel by commercial jet shall

be not less than coach class. All other travel by commercial carriers shall be by the

best class available.

For any day of the week (excluding holidays) on which an employee travels to or

from distant location at the beginning or end of employment (travel-only days), s/he shall

be paid one-half the minimum call ((5) hours of pay) at straight time for trips of less than

five (5) hours. For trips greater than five (5) hours, the minimum call ((10) hours of pay)

at straight time shall be paid. Eight (8) hours of benefit contributions shall be made for

such travel days. For travel on a holiday (travel-only days), employees shall be paid the

minimum call ((10) hours of pay) at straight time, and ten (10) hours of benefit

contributions shall be made for such days. A travel-only day to a location at the start of

372905v2 NEC-38

an assignment shall not be considered a work day (i.e. does not start the work week) for

purposes of computing overtime premiums.

(i) The first meal shall be scheduled not earlier than 3 hours and not later than

six hours after reporting time and subsequent meals no earlier than 3 hours and not later

than six hours after the preceding meal. Meal periods shall be one hour in length except

that a meal period may be one-half hour in length if a first class hot catered meal is

provided by Employer and in such case the crew shall be off the clock. Food supplied by

the Employer without taking time out shall not be considered a meal period. If an

employee is required to work beyond the time specified above without a meal break, they

shall receive $15.00 for the first 1/2 hour, $17.50 for the next 1/2 hour, $20.00 for the

next 1/2 hour, $25.00 for the next 1/2 hour, and triple-time for each 1/2 hour after that

until there is a meal break.

The production company, consistent with the break periods provided in the

agreement, shall have the right to schedule the lunch in accordance with its

shooting/production requirements.

All day calls shall be for a minimum of ten (10) hours work.

3.3 RATES OF PAY

The following rates of pay shall constitute the minimum compensation payable to

employees covered by this Appendix:

0-8hrs 9-10hrs

Minimum

Call 6thDay

Turnaround

7thDay 3X

9/29/2013 - 9/27/2014 50.27 75.41 552.98 82.95 110.6 165.89

9/28/2014 – 10/3/2015 51.28 76.91 564.04 84.61 112.81 169.21

10/4/2015 – 10/1/2016 52.81 79.22 580.96 87.14 116.19 174.29

372905v2 NEC-39

3.4 WELFARE AND PENSION FUNDS

(a) The employer shall be obligated to contribute to the “Welfare Fund of

Make-Up and Hair Stylists, Local 798” and the “Pension Fund of Make-Up Artists and

Hair Stylists, Local 798” the following

9/29/13 through 9/27/14: $134.00 per day to the Local 798 Pension and Welfare Funds



Notwithstanding the foregoing, the rate applicable for work in Baltimore,

Maryland and Washington, D.C. shall be as follows:




The trustees of said funds shall determine how these amounts shall be distributed

between the two funds. In no event shall the employer be required to make any

contribution over and above these amounts at any time during the term of this agreement.

The Welfare Fund is a trust fund established by an Agreement and

Declaration of Trust entered into as of November 1, 1957, for the purpose of paying or

providing medical, surgical, hospital and accident, disability, death or miscellaneous

benefits to the persons covered by such Fund. Such Welfare Fund is administered by six

(6) trustees, three (3) designated by Local 798, on the one hand, and three (3) designated

by the Employers making such contributions to the Fund, on the other hand. The Pension

Fund is a Trust established by an Agreement and Declaration of Trust entered into as of

November 1, 1957 for the purpose of paying and/or providing Pension or Retirement

benefits for the persons covered by such Fund. The Pension Fund is administered by a

372905v2 NEC-40

Board of six (6). Trustees, three (3) designated by Local 798, and three (3) designated by

the Employers making contributions thereto.

(b) Contributions as herein provided shall be due and payable on the first day

of each month. The Employer agrees that, upon making each monthly payment to the

Welfare Fund and the pension fund as hereinabove provided, it will furnish also a

statement of the names of the Make-Up Artists and Hair Stylists, and the dates of their

employment, on whose account the contributions covered are being made. If so required

by the trustees, such statements shall be on forms supplied by the Fund and copies of

same shall be sent simultaneously to Local 798.

(c) The Trustees may compel payment of the, required contributions in any

manner in which they may deem proper, but such right on the part of the trustees shall be

without limitation upon Local 798’s rights and privileges in this connection.

(d) The Employer shall not be liable in any respect because of the neglect,

failure or refusal of any other employer to make payments to the Welfare Fund or to file

reports required under the provisions of any agreement between any such other employer

and Local 798.

(e) The Trustees shall be required to maintain the Pension Fund and Welfare

Plan as qualified by the Treasury Department under Section 401 et seq. of the Internal

Revenue Code so that the Employer may be allowed the contributions as a proper

business expense. The Trustees are empowered and directed to take any and all actions

and make any and all applications necessary to continue to insure proper tax exemptions

of payments made by the Employer to the Pension Fund and of Welfare Fund income.

3.5 MISCELLANEOUS PROVISIONS

372905v2 NEC-41

(a) It is understood and agreed that no person other than a Make-Up Artist or

Hair Stylist represented by Local 798 and working under the terms of this Appendix shall

perform any make-up or hair-dressing (as such terms are customarily understood in the

motion picture industry and as defined in 3.1(e) hereof). Any violation of the foregoing

shall require the Employer to pay Local 798 as damages double the daily rate of pay for

each such violation plus any reasonable costs incurred in connection therewith.

(b) If hired, the Make-Up Artist or Hair Stylist shall remain on the job as long

as the actors who have been made up by the Make-Up Artists are before the camera. The

operation of multiple stages or studios shall not be conducted by the employer in such

manner as will avoid the employment of additional Make-Up Artists or Hair Stylists

where necessary.

(c) No Make-Up Artist or Hair Stylist may be employed to perform services

for two separate Employers in any one (1) day without express permission from an

authorized officer of the Union.

(d) Employees hereunder shall not be required to jeopardize their working


The following allowances shall be paid if an employee hereunder does, however,

agree to perform services while on serial flights, space flights, submarine diving, or work

in combat zones: $100.00 for each flight or dive or incident. In the event work is

performed under any of the above circumstances, the Employer shall cover the employee,

for the duration of the assignment, with a personal accident dismemberment in the

amount of $100,000.00, payable to the beneficiary designated by the employee, and

providing for a weekly indemnity, as such term is commonly understood in the insurance

372905v2 NEC-42

field, for a period of fifty-two (52) weeks. If a difference of opinion arises as to whether

an assignment is hazardous, the questions shall be settled between the Employer and the

Business Representative of Local 798.

(e) Employer will provide suitable wearing apparel for abnormally cold or

wet work not contemplated at the time of employment.

(f) Employer will provide suitable working accommodations for make-up and

hair-dressing.

(g) Smoke – The employer shall notify each employee and prospective

employee as soon as possible prior to the commencement of work if smoke or man made

fog will be present on an enclosed set. No employer shall dissuade any employee from

using the proper type of smoke mask at the times when smoke or fog is being used on an

enclosed set. When smoke other than light background smoke is being used on an

enclosed set, the employer shall make every reasonable effort to have the set ventilated

not less than ten minutes each sixty to ninety minutes during the period when such smoke

is being used. The employer shall consult with the union regarding the appropriate

procedures and the proper masks for work on an enclosed set when smoke is being used.

The use of any carcinogenic material should not be used. The use of any carcinogenic

material should be totally avoided; however, if the Employer insists on such use, the

employee may leave the set during such use, and in that event no loss of time may be

imposed by the Employer.

(h) Hiring – Calls for Make-Up Artist and Hair Stylists may be placed through

the Local’s office and shall be filled by referrals without discrimination as to membership

372905v2 NEC-43

or non-membership. The Local must honor all requests for a particular Make-Up Artist

or Hair Stylist if he or she is available for work.

Both the employer and union agree not to discriminate against any

employee or applicant for employment in any respect by reason of race, color, creed,

national origin, sex, age, marital status, disability, or any other factor protected by

Federal, New York State, or New York City law.

(i) Screen credits shall be given to the Make-Up Artist and Hair Stylist

whenever other technical credits are given.

(j) When an employee’s services are terminated, she shall be paid on the

same day except that overtime may be paid on the following day.

(k) If required to supply his or her own materials, the employee shall be

entitled to be paid a minimum fee of Twelve Dollars and Fifty Cents ($12.50) per day for

same.

3.6 ACCESS TO PREMISES

The Business Representative or other accredited representatives of Local 798

shall be permitted to have access to any studio, job, or location during business hours for

the conduct of Union business.

3.7 APPLICATION OF APPENDIX

This Appendix shall be limited in its application to the extent indicated in Article

I(d) hereof and, as so limited, it shall be binding upon the Employer (and, as used in this

paragraph, the term “Employer” shall mean and include not only the Employer itself but

also any of its subsidiaries or successors engaged in producing motion pictures, as well as

a person, film, corporation or other organization so engaged in which the Employer,

372905v2 NEC-44

whether directly or indirectly, has a controlling interest). In no event shall the Employer

subcontract any of the work covered hereby where as effect thereof would be to enable

such work to be done under wage rates or labor conditions inferior to those herein

contained nor shall any per not in compliance with the provisions of the Agreement be

permitted to perform any of such work for or at the premises of the Employer.

3.8 EMPLOYER LIABILITY

In the event of any failure or refusal of the Employer to pay wages, pension

and/or welfare contributions or any other fixed financial obligations hereunder, the

Employer shall, in addition to its liability for the principal amount owing, be liable for all

expenses (including reasonable accountants’ fees, attorneys’ fees in accordance with the

schedule hereunder specified, and court costs, etc.) that may be incurred in ascertaining

the amount due and/or in connection with any suit or proceeding (civil or criminal)

instituted against the Employer by reason of such default, and such additional liability

may be recovered in such suit or proceeding.

Attorneys’ fees shall be as follows:

Fee

Below $500.00 30% of principal due.

$500.00 or more but less than $1,000.00 25% of principal due.

$1,000.00 or more 20% of principal due.

*Subject to minimum fee of $50.00

3.9 MISCELLANEOUS

1. The parties confirm:

372905v2 NEC-45

(a) The Employer’s right to employ one person to perform the duties of both

make-up and hair on the same production;

(b) The Employer’s right to employ, when requested by either the agency or

the client, such individuals as they designate on a particular production;

(c) That the Employers have no obligation to have a Local 798 member

“travel” to a distant location.

2. It is agreed that this Appendix applies exclusively to those AICP

member companies who are signatory to the CPA and who are

engaged in the physical production of television commercials pursuant

to contracts with advertising agencies and/or advertisers which are

intended for television exhibition. This Appendix is intended to

recognize and address the special needs of the television commercial

production.

END OF NORTHEAST CORRIDOR APPENDIX

* * *

Date post:	26-Mar-2022
Category:	Documents
Upload:	others
View:	1 times
Download:	0 times